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Agenda 5/23/2023 Item #17D (Ordinance - Amending the Collier Blvd. Mixed Use Commerce Center Planned Unit Development)
17.D 05/23/2023 EXECUTIVE SUMMARY This item requires that ex-parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending the Collier Boulevard Mixed Use Commerce Center Planned Unit Development (MPUD) by increasing the maximum building height on 4.49f acres described as Lot 2 in the Residential Tract from 35 feet to 50 feet. The subject property is on the south side of Magnolia Pond Drive near the southwest corner of the intersection of Collier Boulevard (C.R. 951) and Magnolia Pond Drive in Section 34, Township 49 South, Range 26 East, Collier County, Florida. [PL202200063741 OBJECTIVE: To have the Board of County Commissioners (Board) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above - referenced petition and render a decision regarding the petition, and ensure the project is in harmony with all the applicable codes and regulations to ensure that the County's interests are maintained. CONSIDERATIONS: The subject property is a f4.49-acre tract within the Collier Boulevard Mixed -Use Commerce Center PUD (MPUD) and represents Phase II of the residential development of the MPUD. Phase I is under construction and includes approximately 38 acres; there is also a f27-acre commercial tract. The subject property abuts Magnolia Pond Drive to the north and is surrounded on its other three sides by Phase I. The MPUD is in the northwest quadrant of the intersection of Collier Boulevard and 1-75 and is also in Activity Center #9 of the Future Land Use Element (FLUE), in Section 34, Township 49 South, Range 26 East, Collier County, Florida. The applicant is requesting to increase the maximum zoned building height in this f4.49-acre tract from 35 feet to 50 feet (58 feet actual) while reducing the number of buildings from three to two. Phase I has a zoned maximum height of 35 feet. The Golden Gate Commerce Park MPUD abuts the subject property to the north and permits a maximum building height of 50 feet. The MPUD's governing ordinance (Ord. No. 2001-10) set the maximum number of dwelling units at 433. The latest annual monitoring report (April 6, 2023) shows that 432 units have already been approved. There will be a zero net change in the number of dwelling units in Phase II. The subject property has a future land use designation of urban mixed -use, urban residential subdistrict which is intended to accommodate most of the forecast population growth. The property also lies within Activity Center 9; Activity Centers are designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated. County staff has reviewed and analyzed this petition for conformity with the relevant goals, objectives, and policies of the GMP and finds that the petition may be found consistent with the overall GMP and with the existing MPUD. Access to the parcel will be via Magnolia Pond Drive. FISCAL IMPACT: The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities. Other fees collected prior to the issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: The subject property has a future land use designation of urban mixed - use, urban residential subdistrict which is intended to accommodate most of the forecast population growth. The property also lies within Activity Center #9. The Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Mixed Use Activity Centers are intended to be mixed -use in character Packet Pg. 1351 17.D 05/23/2023 When created, the MPUD was found to be consistent with the Growth Management Plan. The sole purpose of this amendment is to increase the building height on a 14.49-acre tract, from 35 feet to 50 feet zoned (58 feet actual) within Phase 2 of the residential area of the MPUD. With no changes to uses, the number of dwellings, or overall density, the amendment is also be consistent with the GMP. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project did not require an Environmental Advisory Council (EAC) review, as it did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. COLLIER COUNTY PLANNING COMMISSION (CCPC) Recommendation: The CCPC, heard Petition PUDA-PL20220006374, Collier Boulevard Mixed -Use Planned Unit Development on April 6, 2023, and voted unanimously 5-0 to forward this petition to the Board with a recommendation of approval. There were no conditions attached to the approval. LEGAL CONSIDERATIONS: This is an amendment to an existing Planned Unit Development. The burden falls upon the applicant to prove that the proposed rezoning is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners, should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory, or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for PUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there adequacy of evidence of unified control and suitability of agreements, contracts, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives, and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) to assure the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? Packet Pg. 1352 17.D 05/23/2023 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air in adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons, and the oral testimony presented at the Board hearing as these items relate to these criteria. Should this item be denied, Florida Statutes section 125.022(3) requires the County to provide written notice to the applicant citing applicable portions of an ordinance, rule, statute, or other legal authority for the denial. This item is approved as to form and legality and requires an affirmative vote of four for Board approval. (HFAC) Packet Pg. 1353 17.D 05/23/2023 RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board of County Commissioners approves the request for Petition PUDA-PL20220006374, the Collier Boulevard Mixed Use Commerce Center Planned Unit Development (MPUD) Prepared by: Eric Ortman, Planner III, Zoning Division, Growth Management Development Department ATTACHMENT(S) 1. Attachment 1 - CCPC Staff Report - PL20220006374Magnolia Pond PUDA 3-10-23 (PDF) 2. Attachment 2 - Proposed Ordinance 4-17-23 (PDF) 3. Attachment 4 - Hearing Signs and Advertising (PDF) 4. [Linked] Attachment 3 - Applicant Backup (PDF) 5. legal ad - agenda ID 25279 (PDF) Packet Pg. 1354 17.D 05/23/2023 COLLIER COUNTY Board of County Commissioners Item Number: 17.D Doe ID: 25279 Item Summary: This item requires that ex-parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending the Collier Boulevard Mixed Use Commerce Center Planned Unit Development (MPUD) by increasing the maximum building height on 4.49± acres described as Lot 2 in the Residential Tract from 35 feet to 50 feet. The subject property is on the south side of Magnolia Pond Drive near the southwest corner of the intersection of Collier Boulevard (C.R. 951) and Magnolia Pond Drive in Section 34, Township 49 South, Range 26 East, Collier County, Florida. [PL20220006374] Meeting Date: 05/23/2023 Prepared by: Title: Principal Planner — Zoning Name: Eric Ortman 04/18/2023 4:22 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 04/ 18/2023 4:22 PM Approved By: Review: Growth Management and Community Development Department Diane Lynch Zoning Ray Bellows Additional Reviewer Zoning Mike Bosi Division Director Growth Management and Community Development Department James C French County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Heidi Ashton-Cicko Level 2 Attorney of Record Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Zautcke Additional Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Growth Management DepartmentCompleted 04/21/2023 4:32 PM Completed 04/21/2023 5:22 PM Completed 04/25/2023 2:30 PM Growth Management Completed 05/01/2023 2:45 PM Completed 05/12/2023 11:30 AM Completed 05/12/2023 12:20 PM Completed 05/12/2023 2:00 PM Completed 05/15/2023 12:20 PM Completed 05/17/2023 4:44 PM 05/23/2023 9:00 AM Packet Pg. 1355 17.D.1 Coffiev County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: APRIL 6, 2023 SUBJECT: PUDA-PL20220006374 COLLIER BOULEVARD MIXED -USE COMMERCE CENTER (AKA, THE MAGNOLIA POND) Owner and Applicant: Agents: The Magnolia Naples Apartments, LLC Margaret Emblid e 477 South Rosemary Ave, #301 A noli, Barber & Brundage, Inc. West Palm Beach, FL. 33401 7400 Trail Blvd., #200 Naples, FL. 34108 REQUESTED ACTION: The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application to amend Ordinance Number 01-10, as amended, for the Collier Boulevard Mixed -Use Commerce Center Planned Unit Development (MPUD). The ±70-acre MPUD is divided into ±43.3 acres of residential development, and ±26.9 acres which are designated commercial. The residential section is further divided into Phase 1 (±38.8 acres, under construction) and Phase 2 (±4.49 acres and the subject of this petition). Specifically, the petitioner asks that the maximum height for the undeveloped ±4.49-acre tract within the residentially designated area of the MPUD be increased from 35 feet zoned to 50 feet zoned (58 feet actual). The height increase will only apply to the two four-story buildings on the ±4.49-acre tract. No other changes are being proposed in this amendment. GEOGRAPHIC LOCATION: The MPUD is in the northwest quadrant of the intersection of Collier Boulevard and I-75 and is also in Activity Center #9 of the Future Land Use Element (FLUE). The subject ±4.49-acre tract abuts Magnolia Pond Drive along its northern boundary and is surrounded by the MPUD on each of its other three sides. The parcel is in Section 34, Township 49 South, Range 26 East, Collier County, Florida. (See location map on page 2 and proposed master plan on page 3). PUDA-PL20220006374: Collier Blvd. Mixed -Use Commerce Center MPUD Page 1 of 12 Packet Pg. 1356 6LZSZ) ez-u-c vand PUOd El IOU 61?W'PLC9000ZZ0Z-1 d -podell jpjS 3d33 - I, 4UGwt431?1)V:1UGLULl0qjV I ul) Le) q 9 41 LL�U 01% Ea MFIO LIAs D,- (j..%rTH jail 0 AXS 1S 1 it Ile J Hij P!JPIJW ..k�S.J.S PlCt_ N AkS.I.S Urr Z 0 Lu 0 0! 0 IL '7: CL 'E 0 N 0- 4-1 Qu C) CD CD C\1 CD 0- z u PUDA-PL20220006374: Collier Blvd. Mixed -Use Commerce Center MPUD Page 2 of 12 6LZSZ) £Z-u-£ land Puod E!IOU 6BWtiL£9000ZZ0Zld - podall jpjS adaa - � 4uau t43B1)V :JuGLULJ0 JV J �# 13. 'F I a� v h��s� � 4Si .irrbw 403 msXM S ubject Parcel n2 ' 4 S 4 I sit el :�F�7 fAa�{ aii PUDA-PL20220006374: Collier Blvd. Mixed -Use Commerce Center MPUD Page 3 of 12 17.D.1 PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks to amend the Collier Boulevard Mixed -Use Commerce Center MPUD (Ord. 01-10) to increase the maximum building height within the subject parcel from 35 feet zoned to 50 feet zoned (58 feet actual). The height increase will be limited to two four-story buildings within this tract. No other changes are being requested for this PUDA. SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the ±4.49-acre subject parcel. North: Magnolia Pond Drive which abuts the Golden Gate Commerce Park along its northern border. South: Other areas of the Collier Boulevard Mixed -Use Commerce Center MPUD. I-75 is approximately 650 feet to the south. East: Other areas of the Collier Boulevard Mixed -Use Commerce Center MPUD. Collier Boulevard is approximately 1,800 feet to the east. West: Other areas of the Collier Boulevard Mixed -Use Commerce Center MPUD. PUDA-PL20220006374: Collier Blvd. Mixed -Use Commerce Center MPUD Page 4 of 12 Packet Pg. 1359 17.D.1 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The GMP is the prevailing document to support land -use decisions, such as this proposed amendment. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any amendment petition. The subject property has a future land use designation of urban mixed -use, urban residential subdistrict which is intended to accommodate most of the forecast population growth. The property also lies within Activity Center #9. The Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Mixed Use Activity Centers are intended to be mixed -use in character When created, the MPUD was found to be consistent with the Growth Management Plan. The sole purpose of this amendment is to increase the building height on a ±4.49-acre tract, from 35 feet to 50 feet zoned (58 feet actual) within Phase 2 of the residential area of the MPUD. With no changes to uses, number of dwellings, or overall density, the amendment must also be consistent with the GMP. Transportation Element: The Transportation Planning staff has evaluated the proposed PUDA changes. The changes present no transportation -related issues for consistency. There are no additional uses proposed, no changes to the MPUD trip impacts, and no additional impacts on the adjacent roadways. Therefore, the Transportation Planning staff finds the petition consistent with the GMP. Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). The proposed changes do not affect any of the environmental requirements of the GMP. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, as specifically noted in LDC Section 10.02.13.13.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." Drainage: The proposed PUDA request is not anticipated to create drainage problems in the area. Stormwater best management practices, treatment, and storage will be addressed through the environmental resource permitting process with the South Florida Water Management District. County staff will also evaluate the project's stormwater management system, calculations, and design criteria at the time of site development plan (SDP) and/or platting (PPL) where appropriate. PUDA-PL20220006374: Collier Blvd. Mixed -Use Commerce Center MPUD Page 5 of 12 Packet Pg. 1360 17.D.1 Environmental Review: Environmental Planning staff has reviewed the MPUD petition to address environmental concerns. The proposed MPUD changes will not affect any of the environmental requirements of the MPUD document (Ordinance 2001-10). A minimum of 15.17 acres of native vegetation has been placed in preservation and dedicated to Collier County (OR 5705, Page 522). Landscape Review: The proposed changes do not require any changes to the perimeter buffers shown on the previously approved Master Plan. Transportation Review: The Transportation Planning staff has reviewed the petition and recommends approval of this request. Utility Review: The project lies within the regional potable water service area and the south wastewater service area of the Collier County Water -Sewer District (CCWSD). Water and wastewater services are available via existing infrastructure within the adjacent right-of-way. Sufficient water and wastewater treatment capacities are available. Developer commitments are listed in Exhibit F of the MPUD document. Any improvements to the CCWSD's water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utility acceptance. Zoninz Services Review: The ±70-acre Collier Boulevard Mixed -Use Commerce Center MPUD was created by Ord. 01-10 and was roughly divided into a ±43-acre residential tract and a ±27- acre commercial tract. The residential tract is divided into Phase I and Phase 2. Development of Phase 1 is underway; the applicant is requesting to amend just Phase 2 (ZL4.49 acres) of the residential tract in preparation for the beginning development of the said tract. The request is to increase the height of the two buildings in the tract from 35 to 50 feet zoned (58 feet actual). While the total number of buildings in the tract is decreasing the number of dwelling units remains constant. No other changes are being requested in the amendment. The 433 dwelling units permitted by Ord. 01-10 will not change. LDC Section 10.02.13.B.5 states that "In support of its recommendation, the CCPC shall make findings as to the MPUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08". 1. The suitability of the area for the type and pattern of development proposed in relation to the physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The future land use designation of the subject property is urban mixed -use, urban residential subdistrict which is intended to accommodate most of the forecast population growth. The MPUD also lies within Activity 9. The Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Mixed Use Activity Centers are intended to be mixed -use in character. PUDA-PL20220006374: Collier Blvd. Mixed -Use Commerce Center MPUD Page 6 of 12 Packet Pg. 1361 17.D.1 This current petition is only for a portion of the residential acreage of the MPUD; the MPUD also includes commercial acreage. The location of the Collier Boulevard Mixed -Use Commerce Center MPUD is ideal for these land use designations and concepts which are consistent with the Growth Management Plan. The MPUD is complementary to surrounding development where there is already sufficient roadway capacity and utility infrastructure. The Golden Gate Commerce Park MPUD which abuts the subject property along its northern border is the closest residential development and permits a maximum building height of 50 feet (zoned) which is equal to the height requested in this amendment. A water main is available along Magnolia Pond Drive and wastewater mains are available along Magnolia Pond Drive and Collier Boulevard. There are adequate water and wastewater treatment capacities to serve the project. Any improvements to the CCWSD's water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utility acceptance. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff has reviewed and analyzed this petition for conformity with the relevant goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff report (page 5) and finds that the petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. As described in the Staff Analysis section of this staff report, the proposed amendment is compatible with the MPUD and will not have any negative impact on the landscaping standards of the original MPUD. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Section 4.10 of Ord. 01-10 that's that, "open space will be allocated within each subsequent development area" and "the total aggregate of such open space areas shall meet or exceed the open space requirements of Section 2.6.32 of the [1991] LDC." Section 2.6.32 of the 1991 LDC has PUDA-PL20220006374: Collier Blvd. Mixed -Use Commerce Center MPUD Page 7 of 12 Packet Pg. 1362 17.D.1 been replaced by Section 4.07.02.G; there are slight differences in the text. Attachment 2 contains these two sections of code. The current petition eliminates one building from Phase 2 providing a marginal increase in the open of open space. The MPUD will meet or exceed the 30 percent (30%) open space requirement of the LDC (4.07.02.G) and as provided for in Ord. 01-10. The petition increased the preserve setback from 10 feet to 15 feet for the ±4.49-acre parcel. 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. A water main is available along Magnolia Pond Drive and wastewater mains are available along Magnolia Pond Drive and Collier Boulevard. There are adequate water and wastewater treatment capacities to serve the project. Any improvements to the CCWSD's water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utility acceptance. The proposed amendment to increase the maximum building height of two buildings without a change in the number or units does not change the timing or sequence of development for the purpose of assuring the adequacy of available public and private facilities. 7. The ability of the subject property and surrounding areas to accommodate expansion. The proposed amendment is not an expansion of the previously approved residential development of up to 433 dwelling units and will have no impact on the surrounding area's ability to accommodate the development. The amendment is for Phase 2 which is planned for 108 multi- family dwelling units; Phase 1 has approved construction phasing plans for 325 multi -family units. A water main is available along Magnolia Pond Drive and wastewater mains are available along Magnolia Pond Drive and Collier Boulevard. There are adequate water and wastewater treatment capacities to serve the project. Any improvements to the CCWSD's water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utility acceptance. 8. Conformity with MPUD regulations, or desirable modifications of such regulations, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations. The amendment is strictly for changing the height of two buildings; it conforms to all other regulations of Ord. 01-10. The Transportation Planning staff has evaluated the proposed PUDA changes. The changes present no transportation -related issues for consistency. There are no additional uses proposed, no changes to the MPUD trip impacts, and no additional impacts on the adjacent roadways. PUDA-PL20220006374: Collier Blvd. Mixed -Use Commerce Center MPUD Page 8 of 12 Packet Pg. 1363 17.D.1 Rezone Findings: LDC Subsection 10.02.081 states, "When pertaining to the rezoning of land, the report and recommendations to the Planning Commission to the Board of County Commissioners ... shall show that the Planning Commission has studied and considered the proposed change in relation to the following, when applicable": 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the GMP. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives, and policies of the Future Land Use Element (FLUE) and other elements of the GMP. 2. The existing land use pattern. The existing land use pattern (of the abutting properties) is described in the Surrounding Land Use and Zoning section of this staff report. The proposed use would be compatible with and would not change the existing land use patterns of the surrounding properties. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The petition will continue the planned development of the Collier Boulevard Mixed -Use Commerce Center MPUD with the only change being an increase in building height from 35 feet to 50 feet zoned (58 feet actual) for just two of the development's residential buildings. As such, the petition will not create an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. This petition does not propose any changes to the existing approved boundaries of the MPUD that were originally approved by Ord. 01-10. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The petition is seeking a single -dimensional change for two buildings within the MPUD. There is no proposed rezoning for any part of the MPUD. The request complies with the provisions of the LDC and MPUD and, while not necessary, is being sought to make better utilization of the land. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed amendment will be compatible with existing and neighboring development therefore it will not adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. PUDA-PL20220006374: Collier Blvd. Mixed -Use Commerce Center MPUD Page 9 of 12 Packet Pg. 1364 17.D.1 As determined by the Transportation Planning staff, the proposed changes present no transportation -related issues for consistency. There are no additional uses proposed, no changes to the MPUD trip impacts, and no additional impacts on the adjacent roadways. Transportation Planning staff recommends approval of this petition. 8. Whether the proposed change will create a drainage problem. The proposed MPUD Amendment request is not anticipated to create adverse drainage impacts in the area; provided stormwater best management practices, treatment, and storage on this project are addressed through Environmental Resource Permitting (ERP) with the South Florida Water Management District (SFWMD). County staff will evaluate the project's stormwater management system, calculations, and design criteria at the time of SDP and/or PPL. 9. Whether the proposed change will seriously reduce light and air in adjacent areas. It is not anticipated that the changes proposed in this MPUD Amendment would seriously reduce light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. The project's proposed change in use is to meet existing demand and is compatible with the existing neighboring homes and, therefore, should not adversely impact adjacent property values. However, there may be internal and/or external factors that are beyond the control of the applicant which may negatively impact surrounding property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed height increase for two buildings meets all County requirements relating to traffic, stormwater management, and potable and wastewater capacity, and will comply with all existing regulations. The proposed project will be compatible with adjacent properties and will not impact the improvement or development of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The development complies with the GMP, which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan (GMP), therefore the proposed amendment does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. PUDA-PL20220006374: Collier Blvd. Mixed -Use Commerce Center MPUD Page 10 of 12 Packet Pg. 1365 17.D.1 Development of the property will be in accordance with existing zoning. The limited increase in allowable building height is offset by a decrease in the number of buildings and is being sought to make better utilization of the land. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. It is staff s opinion that the proposed uses, associated development standards, and developer commitments will ensure that the project is not out of scale with the needs of the community. If the petition is approved, the number of allowable dwelling units and associated density will not change and will be in keeping with the scale of development of the immediate surrounding area of the County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The number of residential dwelling units for the MPUD was approved by Ord. 01-10. Since there is no change to the number of units or density, there is no need for the applicant to find other adequate sites. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. As shown in Attachment 3, most of the site alteration for the ±4.49-acre parcel has already been completed. The project has undergone extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or platting processes which will continue as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services is consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and staff has concluded that the developer has provided appropriate commitments so that the impacts to the Level of Service (LOS) will be minimized. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of public health, safety, and welfare. To be determined by the Board of County Commissioners during its advertised public hearing. DEVIATION DISCUSSION: PUDA-PL20220006374: Collier Blvd. Mixed -Use Commerce Center MPUD Page 11 of 12 Packet Pg. 1366 17.D.1 The MPUD was originally approved by Ord. 01-10. This is the first amendment to the ordinance The petitioner is not seeking any deviations from this petition. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on January 31, 2023, at the Spring Hill Suites by Marriott Naples which is located at 3798 White Lake Boulevard. The meeting began at approximately 5:30 p.m. At approximately 5:45 p.m., with no members of the public having shown up, Annette Keeney of Agnoli Barber & Brundage, Inc. (ABB) made the NIM presentation. There were five people in attendance: Margaret Emblidge and Annette Keeney from ABB, Shane Laasko and Jesse Woeppel of the Richman Group Development Corporation (via phone), and Eric Ortman from Collier County. The meeting ended at approximately 6:00 p.m. with no members of the public in attendance. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Environmental Services staff recommends approval of the proposed petition. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on March 10, 2023. RECOMMENDATION: Staff recommends the CCPC forward this petition to the Board of County Commissioners with a recommendation of approval. Attachments: 1. Proposed Ordinance 2. LDC Language Comparison 3. Current Aerial Photo of Project Area 4. Application/Backup Materials 5. NIM Audio PUDA-PL20220006374: Collier Blvd. Mixed -Use Commerce Center MPUD Page 12 of 12 Packet Pg. 1367 17.D.2 ORDINANCE NO.2023 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2001-10, AS AMENDED, THE COLLIER BOULEVARD MIXED USE COMMERCE CENTER PLANNED UNIT DEVELOPMENT (MPUD) BY INCREASING THE MAXIMUM BUILDING HEIGHT ON 4.494: ACRES DESCRIBED AS LOT 2 IN THE RESIDENTIAL TRACT FROM 35 FEET TO 50 FEET AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 4.49f ACRES OUT OF 70+/- ACRES, IS ON THE SOUTH SIDE OF MAGNOLIA POND DRIVE NEAR THE SOUTHWEST CORNER OF THE INTERSECTION OF COLLIER BOULEVARD (C.R. 951) AND MAGNOLIA POND DRIVE, LOCATED WITHIN INTERCHANGE ACTIVITY CENTER #9, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20220006374] WHEREAS, on March 13, 2001, the Board of County Commissioners approved Ordinance No. 2001-10, which established the Collier Boulevard Mixed Use Commerce Center (MPUD); and WHEREAS, on August 9, 2019, the Hearing Examiner by HEX No. 2019-36 approved a request to amend the Master Plan by reconfiguring the preserve and the site design for the residential tracts for property located in the northwest quadrant of I-75 and Collier Boulevard; and WHEREAS, Margaret Emblidge, AICP, of Agnoli, Barber & Brundage, Inc. representing Magnolia Naples Apartments, LLC, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 2001-10, the Collier Boulevard Mixed Use Commerce Center MPUD, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY a COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 81 Words underlined are added; words struck through are deleted. 1 of 5 Magnolia Pond /PL20220006374 4/17/23 Packet Pg. 1368 17.D.2 SECTION ONE: Amendment to Section 2.1, Property Ownership, of MPUD Document of Ordinance Number 2001-10, Collier Boulevard Mixed Use Commerce Center MPUD, as amended. Section 2.1, Property Ownership, of the MPUD Document previously attached as Exhibit A to Ordinance Number 2001-10, the Collier Boulevard Mixed Use Commerce Center MPUD, is hereby amended as follows: 2.1 Property Ownership The Auto Vehicle Parts Company currently owns the subject property. Magnolia Naples Apartments LLC and Richman Naples Development Partners, LLC own the Residential Tracts. SECTION TWO: Amendment to Section 4.13, Architectural and Site Design Standards, of MPUD Document of Ordinance Number 2001-10, Collier Boulevard Mixed Use Commerce Center MPUD, as amended. Section 4.13, Architectural and Site Design Standards, of the MPUD Document previously attached as Exhibit A to Ordinance Number 2001-10, the Collier Boulevard Mixed Use Commerce Center MPUD, is hereby amended as follows: 4.13 Architectural and Site Design Standards Development of commercial uses shall meet the requirements of Divisien 2.8 Section 5.05.08 Architectural and Site Design Standards of the LDC, including the requirements of the adopted Activity Center #9 Interchange Master Plan. SECTION THREE: Amendment to Section IV, General Development Regulations, of MPUD Document of Ordinance Number 2001-10, Collier Boulevard Mixed Use Commerce Center MPUD, as amended. Section IV, General Development Regulations of the MPUD previously attached as Exhibit A to Ordinance Number 2001-10, the Collier Boulevard Mixed Use Commerce Center MPUD, is hereby amended as follows: 4.17 Miscellaneous "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 state or federal agency or undertakes actions that result in a violation of state or federal law. All 81 Words underlined are added; words struck through are deleted. 2of5 Magnolia Pond /PL20220006374 4/17/23 Packet Pg. 1369 17.D.2 other applicable state or federal permits must be obtained before commencement of the development." SECTION FOUR: Amendment to Section 6.5, Development Standards, of MPUD Document of Ordinance Number 2001-10, Collier Boulevard Mixed Use Commerce Center MPUD, as amended. Section 6.5, Development Standards, of the MPUD Document previously attached as Exhibit A to Ordinance Number 2001-10, the Collier Boulevard Mixed Use Commerce Center MPUD, is hereby amended as follows: 6.5 Development Standards Table 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USE SINGLE ZERO LOT TWO FAMILY SINGLE FAMILY MULTI -FAMILY AND STANDARDS FAMILY LINE & DUPLEX ATTACHED AND DWELLING DETACHED TOWNHOUSE Minimum Lot Areas 6,000 S.F. 3,500 S.F. 3,500 S.F. (1) 3,000 S.F. per 1 AC DU Minimum Lot Width 60 35 35 30 150 (2) Front Yard 25 (5)(8) 15 115 20 25 Side Yard (3) 7.5(8) 0 or 12 (4) I 0 or 6 0 or 12 0 or .6 BH Rear Yard Principal 20 (8) 10 115 20 25 Rear Yard Accessory 10 15 15 10 10 Maximum Building 35 35 35 35 35 50 9 Height Distance Between N/A N/A N/A 10t Structures % SBH, but no less than 15 Floor Area Min (SF) 1,200 1,200 1,200 1,000 600 All distances are in feet unless otherwise noted. BH = Building Height SBH = Sum of Building Heights 1. Each half of a duplex unit requires a lot area allocation of thirty-five hundred (3,500) square feet for a total minimum lot area of seven thousand (7,000) square feet. 2 Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. 3. Accessory uses such as pool enclosures may be attached to principal uses and may be set back five (5) feet from side or rear property lines. 81 Words underlined are added; words struck through are deleted. 3 of 5 Magnolia Pond /PL20220006374 4/17/23 Packet Pg. 1370 17.D.2 4. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a twelve (12) foot side yard. 5. Single-family dwellings which provide for two (2) parking spaces within an enclosed garage and provide for guest parking other than private driveways may reduce front yard requirements to five (5) feet for the garage and fifteen (15) feet for the remaining structures. Side entry garage setbacks may be reduced to twelve (12) feet. 6. Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line or a mansard roof and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. Accessory buildings shall be limited to twenty (20) feet above grade. 7. Adult Living Facilities shall be developed in conformance with the requirements of Section 2.6.26 of the Collier County Land Development Code. Development standards for Adult Living Facilities shall be the same as provided for multi- family dwelling units in Table 1. The maximum number of Adult Living Facilities shall be two hundred fifty (250) units. For each acre of ALF use developed on the subject property, ten (10) multi -family dwelling units per acre will be subtracted from the maximum number of dwelling units permitted. 8. See also Section 8.2.12 Transportation Requirements of this Ordinance pertaining to I-75 setback requirements. 9. 50' zoned height and 58' actual height applies to the 4.49± acre parcel described in Exhibit C, Legal Description for Lot 2. 10. 25' for principal structures and 15' for accessory structures applies to the 4.49± acre parcel described in Exhibit C, Legal Description for Lot 2. SECTION FIVE: Amendment to add Exhibit C, Legal Description and Sketch of Lot 2 to the MPUD Document of Ordinance No. 2001-10, Collier Boulevard Mixed Use Commerce Center MPUD, as amended. Exhibit C attached hereto is hereby added to the MPUD Document previously attached as Exhibit A to Ordinance No. 2001-10, the Collier Boulevard Mixed Use Commerce Center MPUD. SECTION SIX: Effective Date. This Ordinance shall become effective upon filing with the Department of State. 81 Words underlined are added; words struck through are deleted. 4of5 Magnolia Pond /PL20220006374 4/17/23 Packet Pg. 1371 17.D.2 PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2023. ATTEST: CRYSTAL K. KINZEL, CLERK an Deputy Clerk Approved as to form and legality: HFAC Heidi Ashton-Cicko 4-17-23 Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Rick LoCastro, Chairman Attachments: Exhibit C — Legal Description and Sketch of Lot 2 81 Words underlined are added; words struck through are deleted. 5 of 5 Magnolia Pond /PL20220006374 4/17/23 Packet Pg. 1372 17.D.2 EXHIBIT C LEGAL DESCRIPTION OF LOT 2 The land referred to herein below is situated in the County of Collier, State of Florida, and described as follows: A parcel of land located in the Northeast quarter of Section 34, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast corner of the Northeast Quarter of Section 34, Township 49 South, Range 26 East, Collier County, Florida; thence run S 88' 48' 27" W, along the South line of Northwest Quarter of said Section 34, for a distance of 100.01 feet to a point 100.00 feet Westerly of, as measured at right angles to the East line of the Northeast Quarter of said Section 34; thence run N 00' 29' 22" W parallel with the East line of the Northeast Quarter of said Section 34, for a distance of 1353.72 feet to a point on the Southerly right-of-way line of Access Road No. 2, also known as Magnolia Pond Drive, a 60' public right-of-way, as the same is described in O.R. Book 1018, at Pages 383 through 386, of the Public Records of Collier County, Florida; thence run S 87' 42' 45" W, along the Southerly right-of-way line of said Access Road No. 2, also known as Magnolia Pond Drive, a 60' public right-of-way, for a distance of 1779.28 feet to the Point of Beginning of the parcel of land herein described: Thence leaving said right of wav alone the boundary of Lot 2. through the followinE 14 courses: 1) THENCE LEAVING SAID RIGHT OF WAY S 01°40'35" E A DISTANCE OF 45.50 FEET; 2) THENCE N 89°11'13" E A DISTANCE OF 9.00 FEET; 3) THENCE S 00°21'55" E A DISTANCE OF 93.00 FEET; 4) THENCE S 89°53'30" W A DISTANCE OF 54.45 FEET; 5) THENCE S 00°48'47" E A DISTANCE OF 61.00 FEET; 6) THENCE N 88°58'27" E A DISTANCE OF 88.77 FEET; 7) THENCE S 31°34'47" E A DISTANCE OF 7.02 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS S 49°50'18" E AND HAVING A RADIUS OF 261.45 FEET; 8) THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64-27,24" AN ARC DISTANCE OF 294.13 FEET; 9) THENCE S 15°28'57" E A DISTANCE OF 1.39 FEET; 10) THENCE S 02°09'41" W A DISTANCE OF 57.81 FEET; 11) THENCE N 88°52'55" W A DISTANCE OF 98.86 FEET; 12) THENCE S 89°34'02" W A DISTANCE OF 277.04 FEET; 13) THENCE N 00°18'37" W A DISTANCE OF 524.57 FEET TO AN INTERSECTION WITH THE AFORESAID SOUTHERLY RIGHT OF WAY LINE; 14) THENCE N 87°42'45" E ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 369.53 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED. 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Z 3 F j II Q O w¢ w J w O !r m W W .J.. z 0 c`i ri a vi U F O 00 Fa0 U w N Z w Q Oa wQ 20 O 1 K " w OiE z toZ O w QJO N II aN v�Q w NOTICE OF PU HEARING 17.0.3 NOTICE OF INTENT T" CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held byy th Coun Board of County Commissioners (BCC) at 9:00 A.M. 23, 2023, in the Board of County Commissioners Meeting Roc Floor, Collier Government Center, 3299 Tamiami Trail East, N to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISS OF COLLIER COUNTY, FLORIDA AMENDING ORDINAN 2001-10, AS AMENDED, THE COLLIER BOULEVARD MIX COMMERCE CENTER PLANNED UNIT DEVELOPMENT BY INCREASING THE MAXIMUM BUILDING HEIGHT 0 ACRES DESCRIBED AS LOT 2 IN THE RESIDENTIAL TRAC 35 FEET TO 50 FEET AND PROVIDING AN EFFECTIVE DA SUBJECT PROPERTY, CONSISTING OF 4.49t ACRES OUl ACRES, IS ON THE SOUTH SIDE OF MAGNOLIA POND DRI\ THE SOUTHWEST CORNER OF THE INTERSECTION OF ( BOULEVARD C.R. 951 AND MAGNOLIA POND DRIVE, L1 WITHIN INTE CHANG ACTIVITY CENTER #9, IN SECT TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER C FLORIDA.[PL20220006374) A copy of the proposed Ordinance is on file with the Clerk to tl and is of for inspection. All interested parties are invited and be heard. All persons wishing to speak on any agenda item must regi the County Manager prior to presentation of the agenda ite addressed. Individual speakers will be limited to three (3) minute item. The selection of any individual to speak on behalf of an org or group is encouraged. If recognized by the Chairman, a spok( for a group or organization may be allotted ten (10) minutes on an item. Written materials intended to be considdered by tl shall be submitted to the appropriate County staff a minimum (7) days prior to the public hearing. All materials used in press before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involver public will have the opportunity to provide public comments i as well as in person, during this proceeding.Individuals wF like to participate remotely shouldregisterthrough the link within the specific event/meeting entry on the Calendar of E the County website at www.colliercountyfl.gov/our-county calendar -of -events after the agenda is posted on the County Registration should be done in advance of the public meetini, deadline specified within the public meeting notice. Individe register will receive an email in advance of the public hearing how they can participate remotely in this meeting. Remote parr is provided as a courtesy and is at the user's risk. The Cour responsible for technical issues. For additional information a meeting, please call Geoffrey Willig at 252-8369 or email to Willig@colIiercountyfl.gov. Any person who decides to appeal any decision of the Board w record of the proceedings pertaining thereto and therefore, ma, ensure that a verbatim record of the proceedings is made, whiff includes the testimony and evidence upon which the appeal is If you are a person with a disability who needs any accommo order to participate in this proceeding, you are entitled, at ne you, to the provision of certain assistance. Please contact tl County Facilities Management Division, located at 3335 Tam East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at 1 (2) days prior to the meeting. Assisted listening devices for the impaired are available in the Board of County Commissioners ( lier lay iird FL RS 40. ISE )D) 19t :)M rot AR ER 'ED 34, Ty, as ti N LO (V N d and > end a vith s= be M any N ,ion _ 3on yak and N ✓en i3f )ns C the 4) elyy, _ ula fed V on -, )rs/ O ite. O any E ✓ho ing v :ion m not ram-. the a rey. C da O i to E ord s J. t� � i in +r to Q Ilier rail :wo ing BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RICK LOCASTRO, CHAIRMAN CRYSTAL K. KINZEL, CLERK Packet Pg. 1375 By: Martha Vergara, Deputy Clerk (SEAL) 17.D.3 PUBLIC HEARING NOTICE COLLIER BOULEVARD MIXED USE COMMERCE CTR PUOA PLANNED UNIT DEVE LOPMENTAM ENDM ENT Petition Na. PL20220006374,' CCPC: APRIL 06 2023 - 9:00 a.m. W. BCC: MAY 23, 2023 - 9:00 a.m. COLLIER GOVERNMENT CENTER 3299 EAST TAMIAMI TRAIL, NAPLFS, FL 34112 ERIC ORTMAN; 239-252-1932 Packet Pg. 1376 17.D.3 PUBLIC HEARING NOTICE COLLIER BOULEVARD MIXED USE COMMERCE CTR PUDA PLANNED UNIT DEVELOPMENT AMENDMENT = Petition No. PL20220006374 I� " CCPC: APRIL 06? 2023 - 9:00 a.m. itBCC: MAY 235 2023 - 9:00 a.m. COLLIER GOVERNMENT CENTER 3299 EAST TAMIAMI TRAIL, NAPLES, FL 34112 ERIC ORTMAN : 239-252-1032 Packet Pg. 1377 17.D.3 Packet Pg. 1378 17.D.5 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE 23 Noticne its hereby ivenalrdrrtthyat a public hearing will be held by the Collier in h Board of Courn �CoimmionerssloBers�Meetat 9g RoomnThhardy Floor, Collier Government Center, 3299 Tar'""" Trail East, Naples FL to consider: a copy of the proposed Ordinance is on file with the Clerk to the Board and ,s available for inspection. All interested parties are invited to attend and be heard. must register the�Co2 Manager to rto ak pesentation of he ends Rem to b addressee . Individual speakers will be limited to three?3) minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considdered by the Board shall be submitted to the appropriate County staff a minimum of seven (71 days prior to the public hearing. All materials used in presentations fore the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this roceeding� Individuals who would like to participate remotely shouldpregister through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/ calendar -of -events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline Specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely In this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional Information about the meeting, Please call Geoffrey Willig at 252-B3g9 or email to Geoffrey. W illig@colliercountyfl.gov. Any person who decides to appeal anyy decision of the Board will Head 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 therovision of certain assistance. Please contact the Collier County Fac:N ies Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two j2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RICK LOCASTRO, CHAIRMAN CRYSTAL,K. KINZEL CLERK By: Martha Vergara, ISNputy Clerk (SEAL) Packet Pg. 1379 Attachment 4 - Applicant's Backup Documentation Comer County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Collier County Planning Commission Agenda Packet Checklist for PUDs to be submitted by Applicants and Agents Please provide the following documents to support your petition request: Materials provided by Planner: • Staff Report • Complete Draft Ordinance /Resolution initialed by County Attorney Materials to be provided by applicant: ❑ Application • Narrative of rezone request • Property Information • Property Ownership and general description of site ❑ Disclosure of Interest ❑ Affidavit of Unified Control ❑ Affidavit of Representation ❑ NIM Information (Sign -in sheet, notes, minutes and/or summary, audio or video recording) ❑ Traffic Impact Study (TIS) ❑ Environmental Data ❑ Historical/Archeological Surveyor Waiver n/a ❑ Utility Letter ❑ Deviation Justifications ❑ Boundary Survey ❑ Amended PUD Ordinance (the last submitted Ordinance with strikethrough — color preferred) ❑ Other documents (as needed, on a case -by -case basis) such as relevant prior ordinances, conditional uses, historical documents, any "private or legal" agreements affecting the PUD etc. Write details below. Plat Book 15 pg 80-82 i understand that by submitting the above materials, it is the agent/applicant's responsibility to ensure all materials are in the some order for all copies of backup materials to provide to the CCPC and the CD must contain the documents in one pdf file (not multiple files) in the some order as the printed materials. It is the agent's responsibility to ensure no documentation is left out. Signature gent Representativ Date Margaret Emblidge, AICP Printed Name of Signing Agent Representative 09/2022 Page 1 of 1 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED ❑ PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code ❑■ Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Property Owner(s): Magnolia Naples Apartments, LLC Name of Applicant if different than owner: Address: 477 South Rosemary Avenue, # 301 City: West Palm Beach State: FL ZIP: 33401 - Telephone: 561-832-1114 Cell: Fax: E-Mail Address: LaaksoS@richmancapital.com / woeppelj@richmancapital.com Name of Agent: Margaret Emblidge, AICP Firm: Agnoli, Barber & Brundage, Inc. Address: 7400 Trail Blvd., # 200 City: Naples Telephone: 239-597-3111 Cell: E-Mail Address: Emblidge@abbinc.com State: FL ZIP: 34108 Fax: Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. March 4, 2020 Page 1 of 11 COAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 t,EZONE REQUEST This application is requesting a rezone from: Zoning district(s) to the zoning district(s). Present Use of the Property: PUD 2001-10 Proposed Use (or range of uses) of the property: Residential Original PUD Name: COLLIER BOULEVARD MIXED USE COMMERCE Ordinance No.: 2001-10 PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre -application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: 34 49 26 Lot: Block: Subdivision: Metes & Bounds Description: Plat Book: Page #: Property I.D. Number: 00296580004 Size of Property: -ft. x ft. = Total Sq. Ft. Acres: 4.49 ac Address/ General Location of Subject Property: South side of Magnolia Pond Drive near the SW corner of the intersection of C.R. 951 and Magnolia Pond Dr PUD District (refer to LDC subsection 2.03.06 C): ❑ Commercial ❑ Residential ❑ Community Facilities ❑■ Mixed Use ❑ Other: ❑ Industrial March 4, 2020 Page 2 of 11 COAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N ROW & PUD Magnolia Pond Rd. & GG Commerce Park S PUD Collier Blvd MU Commerce E PUD Collier Blvd MU Commerce W PUD Collier Blvd MU Commerce If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: 3� 4� 26 Lot: Block: Subdivision: Plat Book: Page #: Property I.D. Number: 00296580004 Metes & Bounds Description: ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: City: State: ZIP: City: State: ZIP: City: State: ZIP: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: March 4, 2020 Page 3 of 11 CACT Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www. co I l i e rco u n ty. gov EVALUATION CRITERIA 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. March 4, 2020 Page 4 of 11 COAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? Ord 2001-10 Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑■ No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re -opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. March 4, 2020 Page 5 of 11 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): Magnolia Naples Apartments, LLC Address: 477 South Rosemary Avenue, # 301 City: West Palm Beach State: FL Telephone:561-832-1114 Cell: Fax: ZIP: 33401 E-Mail Address: LaaksoS@richmancapital.com / woeppelj@richmancapital.com Address of Subject Property (If available): 3210 Magnolia Pond Drive City: Naples State: FL ZIP: 34119 ROPERTY INFORMATION Section/Township/Range: 3/ 4/ 26 Lot: Block: Subdivision: Metes & Bounds Description: Plat Book: Page #: Property I.D. Number: 00296580004 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System 0 b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Package Treatment Plant ❑ (GPD Capacity): e. Septic System ❑ I TYPE OF WATER SERVICE TO BE PROVIDED I Check applicable system: a. County Utility System 0 b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Private System (Well) ❑ Total Population to be Served: 1,033 people based on 433 DUs at 2.385 p/unit Peak and Average Daily Demands: A. Water -Peak: 187,915gpd Average Daily: 144,550 gpd B. Sewer -Peak: 271.8gpm Average Daily: 103,250gpd If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: March 4, 2020 Page 6 of 11 CACT Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www. co I l i e rco u n ty. gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. N/A Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. N/A Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. March 4, 2020 Page 7 of 11 CAr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34204 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Magnolia Pond Phase II, 350 Magnolia Pond Cir, Naples, FL 34116 (Street address and City, State and Zip Code) and legally described in Exhibit attached hereto. The property described herein is the subject of an application for Amendment planned unit development ( 2001-10 PUD) zoning. We hereby designate MargaretEmblidge,AICP , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. - 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit -development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terns and safeguardsof the planned unit development. Magnolia N�gl, By: TRG Ma Owner Owner William T. Fabbri Printed Name STATE OF FLORIDA COUNTY OF PALM BEACH Printed Name The foregoing instrument was acknowleged before me by means of xOphysical presence oroonline notarization this day of t,) 20,PL3 b* (printed name of owner or qualifier) William T. Fabbri Such person(s) Notary Public must check applicable box: ®Are personally known to me r-lHas produced a x nt drivers license E31-las produced as identification. Notary Seal Notary Signature �,IP�,� :o<.� `�d:;•. TARAS. MILAZZO n- *: MY COMMISSION # H4 G37926 March 4, 2020 EXPIRES: Augur, 31, 2024 Page 8 of 11 'TeoV4 J� Bonded Thru Not ary Pubic Underwriters CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ❑■ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 0 ❑ Completed Application with required attachments (download latest version) 1 ❑ Pre -application meeting notes 1 ❑ ❑ Affidavit of Authorization, signed and notarized 1 ❑ Property Ownership Disclosure Form 1 ❑ Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 ❑ Warranty Deed(s) 1 0 ❑ List Identifying Owner and all parties of corporation 1 0 ❑ Signed and sealed Boundary Survey 1 0 ❑ Architectural Rendering of proposed structures 1 ❑ ❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ❑ ❑ Statement of Utility Provisions 1 0 ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 ❑ ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ❑ 0 Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ ❑ Traffic Impact Study 1 ❑ 0 Historical Survey 1 ❑ 0 School Impact Analysis Application, if applicable 1 ❑ ❑ Electronic copy of all required documents 1 0 ❑ Completed Exhibits A-F (see below for additional information)' ❑ 0 ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ ❑ Checklist continues on next page March 4, 2020 Page 9 of 11 COAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %2" x 11" copy ❑ ❑ ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ ❑ ❑ Revised PUD document with changes crossed thru & underlined 1 ❑ ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: ❑ Exhibit A: List of Permitted Uses ❑ Exhibit B: Development Standards ❑ Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code ❑ Exhibit D: Legal Description ❑ Exhibit E: List of Requested LDC Deviations and justification for each ❑ Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: El School District (Residential Components): Amy Lockheart ElConservancy of SWFL: Nichole Johnson ❑ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams (Director) ❑ Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: ❑ I City of Naples Utilities ❑ Other: 4SSOCIATED FEES FOR APPLICATION ❑ Pre -Application Meeting: $500.00 ❑ PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre ❑ Comprehensive Planning Consistency Review: $2,250.00 ❑ Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 ❑ Listed or Protected Species Review (when an EIS is not required): $1,000.00 ❑ Transportation Review Fees: o Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 March 4, 2020 Page 10 of 11 Coi[�t `rer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.calliercounty.gov (239) 252-2400 FAX: (239) 252-5358 Legal Advertising Fees: o CCPC: $1,125.00 o BCC: $500.00 School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5" and subsequent re -submittal will be accessed at 20% of the original fee. ( ,, 2 Signature Petitioner or Agent 4Z Dat Margaret Emblidge, AICP Printed named of signing party March 4, 2020 Page 11 of 11 Collier Boulevard Mixed Use Commerce PUD Amendment AKA Magnolia Pond PUDA NARRATIVE and APPLICABLE CRITERIA Request The Applicant, Magnolia Naples Apartments, LLC is requesting approval of an amendment to Ordinance 01-10 Collier Boulevard Mixed -Use Activity Center. The amendment is to allow an increase in building height for the 4.49 +/- acre Residential Development parcel from 35ft. to 50ft. This increase will only apply to two (2) four story buildings to be located on the subject 4.49 +/- acre parcel. There will not be an increase in the 433 residential units currently allocated to the residential parcels. For historical purposes only, subsequent to Ordinance 01-10 a PDI was approved to amend the Master Concept Plan pursuant to HEX NO. 2019-36. The Residential Area within the PUD consists of two parcels under the same development company. A Site Development Plan for both Phase 1 and Phase 2 has been approved by Collier County pursuant to CDPAR13914. Phase 1 is the larger 39.86 +/- acre parcel with Construction Phasing Plans approved for 324 multi -family residential units. Phase 2 (subject Property) is approved for 108 residential multi -family units. Phase 1 and Phase 2 of the residential development area will be interconnected with a single shared access onto Magnolia Pond drive. No Changes are proposed to the Number of Units, List of Uses, Deviations, Master Concept Plan and Development Commitments per Ordinance No. 01-10. In addition, there will be no additional impacts to the transportation network, therefore no changes are proposed in the transportation section. The proposed revisions to the PUD Ordinance No. 01-10, include Sections II, IV and VI. 2.1 Property Ownership TT2Acrt_APaFts Ge frpa ryeu�=FeRtly eWRS the ssubjec pFepe y, The Magnolia Naples Apartments LLC owns the subject 4.49 acres. Per the Pre -application meeting notes, County Staff has requested amendments to PUD SECTION IV, General Development Regulations, Subsection 4.17 to add a Miscellaneous Section pursuant to Section 125.022(5) F.S. This amendment is proposed as follows. 4.13 Architectural and Site Design Standards Development of commercial uses shall meet the requirements of Divisien 2.8.LDC 5.05.08 Architectural and Site Design Standards of the LDC, including the requirements of the adopted Activity Center #9 Interchange Master Plan. A new Subsection 4.17 is added as follows: 4.17 Miscellaneous "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. All other applicable state or federal permits must be obtained before commencement of the development." Section VI, Permitted Uses and Dimensional Standards for Residential Development. Subsection 6.5 Development Standards, Table 1 reflects the requested height increase for multi -family residential, preserve setbacks and building separations for multi -family as follows: Table 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USE AND STANDARDS SINGLE FAMILY DETACHED ZERO LOT LINE TWO FAMILY & DUPLEX SINGLE FAMILY ATTACHED AND TOWNHOUSE MULTI -FAMILY DWELLING Minimum Lot Areas 6,000 S.F. 3,500 S.F. 3,500 S.F. (1) 3,000 S.F. per DU 1 AC Minimum Lot Width (2) 60' 35' 35' 30' 150' Front Yard 25 (5)(8) 15' 15' 20' 25' Side Yard 7.5' (8) 0 or 12' (4) 0 or 6 0 or 12 Rear Yard Principal 20' (8) 10, 15' 20' 25' Rear Yard Accessory 10, S' S' 10, 10, Maximum Building Height 35' 35' 35' 35' 35' S0'* Distance Between Structures N/A N/A N/A N/A 15' or 50% of the BH, whichever is r� eater Floor Area Min (SF) 1,200 1,200 1,200 1,000 600 Preserve Setback 25' 10'** * 50' zoned height and 58' actual height only applies to the 4.49+/- Acre parcel described in Exhibit C, Legal Description for Lot 2. ** Preserve setbacks - 25ft. principal structure setback and 15ft. accessory structure setback. All distances are in feet unless otherwise noted. BH = Building Height SBH = Sum of Building Heights 1. Each half of a duplex unit requires a lot area allocation of thirty-five hundred (3,500) square feet 2 for a total minimum lot area of seven thousand (7,000) square feet. 2 Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. 3. Accessory uses such as pool enclosures may be attached to principal uses and may be set back five (5) feet from side or rear property lines. 4. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a twelve (12) foot side yard. 5. Single-family dwellings which provide for two (2) parking spaces within an enclosed garage and provide for guest parking other than private driveways may reduce front yard requirements to five (5) feet for the garage and fifteen (15) feet for the remaining structures. Side entry garage setbacks may be reduced to twelve (12) feet. 6. Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line or a mansard roof and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. Accessory buildings shall be limited to twenty (20) feet above grade. 7. Adult Living Facilities shall be developed in conformance with the requirements of Section 2.6.26 of the Collier County Land Development Code. Development standards for Adult Living Facilities shall be the same as provided for multi -family dwelling units in Table 1. The maximum number of Adult Living Facilities shall be two hundred fifty (250) units. For each acre of ALF use developed on the subject property, ten (10) multi -family dwelling units per acre will be subtracted from the maximum number of dwelling units permitted. 8. See also Section 8.2.12 Transportation Requirements of this Ordinance pertaining to 1-75 setback requirements. 3 Armlicable Criteria Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. The applicant provides the following responses to the criteria: a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Response: The Collier Blvd. Mixed -Use Commerce Center PUD was approved in Ordinance 01- 10. The PUD is a mixed use planned unit development that is located in Interchange Activity Center #9. The PUD was previously found to be suitable in this location. The proposed increase in height will not affect this finding. The closest development is to the north of Magnolia Pond Drive and the PUD for that development approved a 50' height. This would be consistent with this proposed amendment. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Response: All required documentation regarding unified control and ownership has been provided in this application package. The development operations and maintenance are the responsibility of the applicant. The applicant understands that the findings and recommendations of this type shall be made only after consultation with the county attorney. C. Conformity of the proposed PUD with the goals, objectives, and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy, or other provision.) Response: This proposed amendment to the PUD remains consistent with the Growth Management Plan. The subject property is located within the Interchange Activity Center #9 which supports mixed -use development. The proposed amendment will not create any changes to the previous findings of consistency with the GMP. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 4 Response: The subject property is within the residential tract that allows a mix of residential types from single family to multi -family dwelling units. The first phase of the residential tract has approved construction plans for multi -family which would be consistent with the subject property. e. The adequacy of usable open space areas in existence and as proposed to serve the development. Response: The subject property is part of the residential development area which includes the 15.12+/- acre Preserve, Phase 1 will have 9.60+/- acres of open pervious area and Phase 2 will have 1.83+/- acres of open pervious area. The amount of open pervious areas will surpass the required open space. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Response: The proposed amendment to increase height in a limited fashion does not change the timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. Response: The proposed amendment is not an expansion of the previously approved residential development and would not create internal nor external impacts. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Response: There are no proposed modifications to the County's PUD regulations therefore this criteria would not be applicable. The development will remain consistent with the approved PUD as conditioned. 5 COlfler county Growth Management Community Development Department ADDRESSING CHECKLIST Please complete the following and upload via the CityView Portal with your submittal. Items marked with (*) are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Additional documents may be attached to this form and can include: - * LOCATION MAP and/or SURVEY showing the proposed project boundary. - List of additional folio numbers and associated legal descriptions. - E-mail from Addressing Official for any pre -approved project and/or street names. LOCATION INFORMATION *FOLIO (Property ID) Number(s) of subject property or properties. [Attach list if necessary] 00296580004 *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] Section 34, Township 49, Range 26 STREET ADDRESS(ES) where applicable, if already assigned. 3250 Magnolia Pond Drive PROJECT INFORMATION Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre -Approval may be requested by contacting us at GMD_Add ressing@colliercountyfLgov or 239-252-2482 prior to your submittal. CURRENT PROJECT NAME Collier Blvd Mixed Use Commerce Ctr PUD - i.e.Magnolia Pond PROPOSED PROJECT NAME PROPOSED STREET NAME(s) LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] PUD 01-10 / PL20220003729 Addressing Checklist (Rev 10/2022) Page 1 of 1 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.coll iercountyfl.gov It Inkoduetlon • Search for Par,e10 by e Search R..Dlis 511 :m.a0]i3 GROLIAFONDOR Layers ♦ Legend Print 8 hMps://www II' app�mserm n'vH, I ,-n11 114,16]i8&Map... A Property Summary ®®® v,rul No 00296580o Add,.. MAGNOLIA sit. <iry NAPLES 116 Oa 1»6ltimf[ POND DRreu 36 Nam./Addl. MAGNOLIA NAPLES APARTMENTS LLC CI3y IFOT PALM BEACH Sub FL Zip 33ao1 M,p rvo. n.p xo. r 02iT. ALD CRV TO LEFT 3b2FT. ALD GOWS LEFT E■ YIII 40-.0 31 bJCende 10 on To Mp Fng. AFm 1FllmRNd IU, S.13FE/61iTE 8D 9IgSDFWOi T,I )FT95 i S7. EG. p94.13 FT]S 1SDFG F 1.39FT, SE30E`T N 0]DFG I., 5<M1eel OLM1ei eels yu c9ea_e w VACANTCOMMfRCIAL Latest Sales History 9FsseeaCel`1 2022 Certified Tax Roll os/15/19 4§32.1442 Quad value qD o3/tt/oe 413Z3§i3 Y4, soo,000 MerOa Value q]56.o09 05/1611 28SSJ104 52451.500 09/00/03 ty_4g_]3,iZ 1900.Go0 I Fettetl Value Y]56,o09 09/01/03 1oao�13ii SO 350oT bk, alue Y]56,009 04/o1n3 S]9_glg Yo i.1 Ta„ebb value S]56,009 Cofer county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Q C. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address I % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the Created 9/28/2017 Page 1 of 3 Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collier ov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the e. Name and Address I % of Ownership TRG Magnolia Member, LLC; 777 W PUTNAM AVE GREENWICH, CT 06830 100% If there is a CONTRACT FOR PURCHASE with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the II IK.CI-), Z0IUl.R1JV1Uef S, DeneTlciarie5, or partners: Name and Address % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or o`. g. Date subject property acquired ❑ Leased: Term of lease i, or trust: Name and Address years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: C"A-7 county 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Magnolia Naples Apartments, LLC By: TRG Magnolia Memb C )) V 11 /15/2022 Agent/Owner SignKirif Date William T. Fabbri, EVP Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 Cofer county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Q C. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address I % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the Created 9/28/2017 Page 1 of 3 Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collier ov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the e. Name and Address I % of Ownership TRG Magnolia Member, LLC; 777 W PUTNAM AVE GREENWICH, CT 06830 100% If there is a CONTRACT FOR PURCHASE with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the II IK.CI-), Z0IUl.R1JV1Uef S, DeneTlciarie5, or partners: Name and Address % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or o`. g. Date subject property acquired ❑ Leased: Term of lease i, or trust: Name and Address years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: C"A-7 county 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Magnolia Naples Apartments, LLC By: TRG Magnolia Memb C )) V 11 /15/2022 Agent/Owner SignKirif Date William T. Fabbri, EVP Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED ❑ PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code ❑■ Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Property Owner(s): Magnolia Naples Apartments, LLC Name of Applicant if different than owner: Address: 477 South Rosemary Avenue, # 301 City: West Palm Beach State: FL ZIP: 33401 - Telephone: 561-832-1114 Cell: Fax: E-Mail Address: LaaksoS@richmancapital.com / woeppelj@richmancapital.com Name of Agent: Margaret Emblidge, AICP Firm: Agnoli, Barber & Brundage, Inc. Address: 7400 Trail Blvd., # 200 City: Naples Telephone: 239-597-3111 Cell: E-Mail Address: Emblidge@abbinc.com State: FL ZIP: 34108 Fax: Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. March 4, 2020 Page 1 of 11 COAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 t,EZONE REQUEST This application is requesting a rezone from: Zoning district(s) to the zoning district(s). Present Use of the Property: PUD 2001-10 / HEX 2019-36 Proposed Use (or range of uses) of the property: Residential Original PUD Name: COLLIER BOULEVARD MIXED USE COMMERCE Ordinance No.: 2001-10 / HEX 2019-36 PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre -application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: 34 49 26 Lot: Block: Subdivision: Metes & Bounds Description: Plat Book: Page #: Property I.D. Number: 00296580004 Size of Property: -ft. x ft. = Total Sq. Ft. Acres: 4.49 ac Address/ General Location of Subject Property: South side of Magnolia Pond Drive near the SW corner of the intersection of C.R. 951 and Magnolia Pond Dr PUD District (refer to LDC subsection 2.03.06 C): ❑ Commercial ❑ Residential ❑ Community Facilities ❑■ Mixed Use ❑ Other: ❑ Industrial March 4, 2020 Page 2 of 11 COAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N ROW & PUD Magnolia Pond Rd. & GG Commerce Park S PUD Collier Blvd MU Commerce E PUD Collier Blvd MU Commerce W PUD Collier Blvd MU Commerce If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: 3� 4� 26 Lot: Block: Subdivision: Plat Book: Page #: Property I.D. Number: 00296580004 Metes & Bounds Description: ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: City: State: ZIP: City: State: ZIP: City: State: ZIP: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: March 4, 2020 Page 3 of 11 CACT Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www. co I l i e rco u n ty. gov EVALUATION CRITERIA 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. March 4, 2020 Page 4 of 11 COAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? Ord 2001-10 Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑■ No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re -opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. March 4, 2020 Page 5 of 11 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): Magnolia Naples Apartments, LLC Address: 477 South Rosemary Avenue, # 301 City: West Palm Beach State: FL Telephone:561-832-1114 Cell: Fax: ZIP: 33401 E-Mail Address: LaaksoS@richmancapital.com / woeppelj@richmancapital.com Address of Subject Property (If available): 3210 Magnolia Pond Drive City: Naples State: FL ZIP: 34119 ROPERTY INFORMATION Section/Township/Range: 3/ 4/ 26 Lot: Block: Subdivision: Metes & Bounds Description: Plat Book: Page #: Property I.D. Number: 00296580004 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System 0 b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Package Treatment Plant ❑ (GPD Capacity): e. Septic System ❑ I TYPE OF WATER SERVICE TO BE PROVIDED I Check applicable system: a. County Utility System 0 b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Private System (Well) ❑ Total Population to be Served: 1,033 people based on 433 DUs at 2.385 p/unit Peak and Average Daily Demands: A. Water -Peak: 187,915gpd Average Daily: 144,550 gpd B. Sewer -Peak: 271.8gpm Average Daily: 103,250gpd If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: March 4, 2020 Page 6 of 11 CACT Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www. co I l i e rco u n ty. gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. N/A Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. N/A Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. March 4, 2020 Page 7 of 11 CAr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34204 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Magnolia Pond Phase II, 350 Magnolia Pond Cir, Naples, FL 34116 (Street address and City, State and Zip Code) and legally described in Exhibit attached hereto. The property described herein is the subject of an application for Amendment planned unit development ( 2001-10 PUD) zoning. We hereby designate MargaretEmblidge,AICP , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. - 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit -development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terns and safeguardsof the planned unit development. Magnolia N�gl, By: TRG Ma Owner Owner William T. Fabbri Printed Name STATE OF FLORIDA COUNTY OF PALM BEACH Printed Name The foregoing instrument was acknowleged before me by means of xOphysical presence oroonline notarization this day of t,) 20,PL3 b* (printed name of owner or qualifier) William T. Fabbri Such person(s) Notary Public must check applicable box: ®Are personally known to me r-lHas produced a x nt drivers license E31-las produced as identification. Notary Seal Notary Signature �,IP�,� :o<.� `�d:;•. TARAS. MILAZZO n- *: MY COMMISSION # H4 G37926 March 4, 2020 EXPIRES: Augur, 31, 2024 Page 8 of 11 'TeoV4 J� Bonded Thru Not ary Pubic Underwriters CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ❑■ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 0 ❑ Completed Application with required attachments (download latest version) 1 ❑ Pre -application meeting notes 1 ❑ ❑ Affidavit of Authorization, signed and notarized 1 ❑ Property Ownership Disclosure Form 1 ❑ Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 ❑ Warranty Deed(s) 1 0 ❑ List Identifying Owner and all parties of corporation 1 0 ❑ Signed and sealed Boundary Survey 1 0 ❑ Architectural Rendering of proposed structures 1 ❑ ❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ❑ ❑ Statement of Utility Provisions 1 0 ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 ❑ ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ❑ 0 Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ ❑ Traffic Impact Study 1 ❑ 0 Historical Survey 1 ❑ 0 School Impact Analysis Application, if applicable 1 ❑ ❑ Electronic copy of all required documents 1 0 ❑ Completed Exhibits A-F (see below for additional information)' ❑ 0 ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ ❑ Checklist continues on next page March 4, 2020 Page 9 of 11 COAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %2" x 11" copy ❑ ❑ ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ ❑ ❑ Revised PUD document with changes crossed thru & underlined 1 ❑ ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: ❑ Exhibit A: List of Permitted Uses ❑ Exhibit B: Development Standards ❑ Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code ❑ Exhibit D: Legal Description ❑ Exhibit E: List of Requested LDC Deviations and justification for each ❑ Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: El School District (Residential Components): Amy Lockheart ElConservancy of SWFL: Nichole Johnson ❑ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams (Director) ❑ Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: ❑ I City of Naples Utilities ❑ Other: 4SSOCIATED FEES FOR APPLICATION ❑ Pre -Application Meeting: $500.00 ❑ PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre ❑ Comprehensive Planning Consistency Review: $2,250.00 ❑ Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 ❑ Listed or Protected Species Review (when an EIS is not required): $1,000.00 ❑ Transportation Review Fees: o Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 March 4, 2020 Page 10 of 11 Coi[�t `rer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.calliercounty.gov (239) 252-2400 FAX: (239) 252-5358 Legal Advertising Fees: o CCPC: $1,125.00 o BCC: $500.00 School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5" and subsequent re -submittal will be accessed at 20% of the original fee. ( ,, 2 Signature Petitioner or Agent 4Z Dat Margaret Emblidge, AICP Printed named of signing party March 4, 2020 Page 11 of 11 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220006374 1 William T. Fabbri (print name), as Executive Vice President (title, If applicable) of Magnolia Naples Apartments, LLC (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant=contract purchaser=and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorizeMargaretEmblldge,AICPofAgroli.Barber BBwndege,Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • if the applicant is a corporation, then it is usually executed by the core. pres. or v. pres. • if the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the `general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Magnolia Naples Apartments, LLC By: TRIG Magnolia Mem LLC William T. T. Fabbri, EVP Date STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instru nt was acknowleged before me by means oAqualifier) physical presence or � online no arization this L by ay of, t.�O� , 2(IN—b(printed name of owner r� T- FAbbi^ t Such person(s) Notary Public must check applicable box: Are personally known to me 0 Has produced a current drivers license 0 Has produced as identification. Notary Signature: �i7. 7:2, f \Jyy)4T---- CP108-COA-001151155 REV 3/4/2020 Notary Seal i,ara�l,= TARAS. MILAZZO ...... ' A: *: MY COMMISSION # HH 037926 =9r'o EXPIRES: FCF �: August 31, 2024 F ° ' bonded Th- No wry Public Urdenvriters 0001 0001 ooEI AGNOLI oL+F oLL_L� BARBER & ooar of aoo❑^ BRUNDAGE, INC. Professional Engineers, Planners & Land Surveyors 7400 Trail Boulevard, Suite 200, Naples, FL 34108 Phone (239) 597-3111 Fax: (239) 566-2203 MEMORANDUM Date: February 1, 2023 To: Eric Ortman, Collier County From: Margaret Emblidge, AICP, Planning Director Subject: Collier Blvd. Mixed Use Commerce Center NIM Meeting Minutes • The NIM for the Collier Boulevard Mixed -Use Commerce Center Planned Unit Development Amendment (aka Magnolia Pond) under PL20220006374 was held on Tuesday, January 31, 2023 at 5:30 pm at Spring Hill Suites by Marriott Naples, (3798 White Lake Blvd.), Naples. • Margaret Emblidge, AICP, Planning Director introduced herself and other attendees at the meeting. • Shane Laasko of The Richman Group Development Corp, Via Phone • Jesse Woeppel of The Richman Group Development Corp, Via Phone • Annette Keeney of ABB • Eric Ortman of Collier County • Margaret presented the attached PowerPoint presentation explaining the project: • The location of the subject property was reviewed, highlighting the residential Phase I and Phase II areas within the PUD. • Magnolia Pond is a subset of the Collier Blvd. Mixed Use Commerce Center approved in 2001 with a minor amendment in 2019 that reconfigured the preserve areas and the Residential area on the MCP. • Magnolia Pond is approved for 433 dwelling units. • Phase I is under construction with multi -family residential and amenities including a Clubhouse and pool. • Phase II is the subject of this proposed amendment. • The amendment is to allow an increase in building height for the 4.49 +/- acre Phase II parcel from 35ft. to 50ft. This increase will only apply to two (2) four story buildings to be located in Phase H. • The approved Site Development Plan for Phase I and Phase II was reviewed. This plan depicted three buildings in Phase II. This amendment will allow the plan to be revised to have two (2) four story buildings and a pool and cabana area. • The Next Steps were reviewed. • The application has been reviewed by Collier County Staff. • There are minor revisions to be made and submitted. • Once the application is deemed sufficient the Public Hearings will be scheduled. • Notifications for the Public Hearings will be sent to the same property owners notified for this NIM. • Any comments or questions, please contact: Margaret Emblidge at ABB Emblidge&abbinc.com Eric Ortman at Collier County Eric. Ortmankcolliercountyfl.gov There were no attendees from the public. AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance (Signature of Alplicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this 1st day of February, 2023 by MARGARET EMBLIDGE who is personally known to me or who has produced_ as identification. (Signature of Notary Public) (Notary Seal) STEPHANIE ANNETTE KEENEY Printed Name of Notary Notary Public State of Florida ,P &. Stephanie A Keeney - My commission GG 304098 +OaR Expires02120/2023 G:INIM Procedures/Affidavit Of Compliance - NIM Oct20I0.Doc NONE GNOLI ARBER & """' RUNDAGE, INC. Certificate of Authorization Numbers: EB 3664 • LB 3664 • LC26000620 Dear Property Owner: 7400 Trail Blvd., Suite 200 Naples, FL 34108 PH: (239) 597-31 1 1 www.ABBINC.com Please be advised that a formal application has been submitted to Collier County seeking approval of the Collier Boulevard Mixed -Use Commerce Center Planned Unit Development Amendment under PL20220006374 The petitioner is asking Collier County to approve this application for an amendment to the PUD to increase building height in Phase II. The applicant is not seeking an increase in dwelling units. In compliance with the Collier County Land Development Code requirements, a Neighborhood Information Meeting will be held on Tuesday, January 31, 2023 at 5:30 pm at Spring Hill Suites by Marriott Naples, (3798 White Lake Blvd.), Naples. If you have any questions, comments or do not feel comfortable attending the meeting in person you do have the opportunity to participate virtually via an online zoom meeting. At this meeting, the petitioner will explain the project in detail, record your input as an interested neighbor and answer any questions you may have. The link and passcode for the online zoom meeting are shown below. Zoom Meeting Link: https://us02web.zoom.us/j/81 1881 10745?pwd=aOFHZzMrSUptMUVJL3dy0E9YdCt3QT09 Meeting ID: 741 914 6478 Passcode: 33720 If you are unable to attend the meeting in person or participate virtually, and have questions or comments, they can also be directed by mail, phone, or e-mail to: 7400 Trail Boulevard, Suite 200 Naples, FL 34108 Telephone: (239) 597-31 1 1 Facsimile: (239) 566-2203 Email: emblidge@abbinc.com Margaret Emblidge, AICP 1/25/23, 1:34 PM Meeting Information - Zoom Zoom Mail & Calendar Client BETA is live! Work more efficiently with all your communications in the Zoom app. Supports mail from Microsoft 365 or X Gmail. 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Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one 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, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 1/14/2023 Subscribed and sworn to before on January 14th, 2023 PUBLICATION COST: $544.40 AD No: GC11000901 CUSTOMER NO: 531687 PO#: PUBLIC NOTICE AD SIZE: DISPLAY AD 3XS.5 NANCY HEYRMAN Notary Public State of Wisconsin Collier Boulevard Mixed -Use Commerce Center Planned Unit Development Amendment, PL20220006374. The public is invited to attend a neighborhood information meeting in person or via Zoom held by Margaret Emblidge, AICP, of Agnoli, Barber & Brundage, Inc. January 31, 2023 at 5:30 PM Spring Hill Suites by Marriott Naples, (3798 White Lake Blvd.), Naples, FL Subject Property: Parcel No 00296580004 The property owner is petitioning Collier County to approve an amendment to the Planned Unit Development to allow for an increase in building height in Phase II. The applicant is not seeking an increase in dwelling units. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation, review project materials and discuss the project with the owner and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone or e-mail to: Margaret Emblidge, AICP Agnoll, Barber & Brundage, Inc. 7400 Trail Blvd., Suite 200 Naples, FL 34108 Telephone: (239) 597-3111 Email: ebmlidge@abbinc.com Zoom Meeting Link: https://us02web.zoom.us/j/81188110745?pwd=aOFHZzMrSUptMUVJL3dyOE9YdCt3QT09 Meeting ID: 741 914 6478 _._. Passcode:33720 At .v SOL % ANN-- r ow w P r P3 a. Vmo Vale Air Vne Cone LN 7:z., "6dA -%.A -A MAGNOLIA POND PLANNED UNIT DEVELOPMENT MM GNOLI ■■■■. :::::BARBER & 0I000191 RUNDAGE, INC. Professional Engineers, Planners & Land Surveyors AMENDMENT AKA Collier Boulevard Mixed Use Commerce Center THE it ski ICHMAN Roup OF FLORIDA, INC. Magnolia Pond PUDA Location Map MAGNOLIA POND RESIDENTIAL DEVELOPMENT • Magnolia Pond is a subset of the Collier Blvd. Mixed Use Commerce Center approved in 2001 with a minor amendment in 2019 that reconfigured the preserve areas and the Residential area on the MCP. • Magnolia Pond is approved for 433 dwelling units. • Phase I is under construction with multi -family residential and amenities including a Clubhouse and pool. • Phase II is the subject of this proposed amendment • The amendment is to allow an increase in building height for the 4.49 +/-acre Phase II parcel from 35ft. to 50ft. This increase will only apply to two (2) four story buildings to be located in Phase II. Magnolia Pond Approved Site Plan z 03A os 20 Magnolia Pond PUDA Next Steps • The application has been reviewed by Collier County Staff. • There are minor revisions to be made and submitted. • Once the application is deemed sufficient the Public Hearings will be scheduled. • Notifications for the Public Hearings will be sent to the same property owners notified for this NIM. • If you have any comments or questions, please contact: Margaret Emblidge at ABB Emblidge@abbinc.com Eric Ortman at Collier County Eric.Ortman@colIiercountyfl.gov Magnolia Pond PUDA QUESTIONS? �' 4159E ��qza i8A pry ir EXHIBIT 3. AERIAL WITH PRELIMINARY FLUCFCS AND WETLANDS MAP MAGNOLIA POND DRIVE PARCEL LEGEND: SFWMD "OTHER SURFACE WATERS" (0.76 Ac.±) FLUCFCS % OF CODES DESCRIPTIONS ACREAGE TOTAL 3219 Et PALMETTO PRAIRIE, DISTURBED (0-24%EXOTICS) 1.29 Ac.- 2.99b 4119 ET PINE FLATWOODS, DISTURBED (0-24%EXOTICS) 6.70 Ac.- 15.190 4159 Et MIXED PINE, DISTURBED (0-24% EXOTICS) 28.18 Ac. _ 63.6% 4159 E2 MIXED PINE, DISTURBED (25-49% EXOTICS) 2.88 Ac. _ 6.5% 4159 E3 MIXED PINE, DISTURBED (50-75% EXOTICS) 1.47 Ac. = 3.3% 4159 E4 MIXED PINE, DISTURBED (76-100%EXOTICS) 1.02 Ac.- 2.3% 422 BRAZILIAN PEPPER 0.38 Ac.- 0.9% 4289E2 CABBAGE PALM, DISTURBED (25-49% EXOTICS) 0.47Ac.- 1.1% 514 DITCH 0.76 Ac.- 1.7% 740 DISTURBED LAND 0.74 Ac-- 1.7% 747 BERM 0.45 Ac-- 1.0% TOTAL 44.34Ac_- 100.0% NOTES: AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGH THE COLLIER COUNTY PROPERTY APPRAISER'S OFFICE WITH A FLIGHT DATE OF DECEMBER 2017. PROPERTY BOUNDARY PER RICHMAN CAPITAL .� DRAWING No. CONCEPT LAYOUT 12-12-IB.DWG DATED JANUARY 18, 2019. FLUCFCS LINES ESTIMATED FROM 1"=200' AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED. FLUCFCS PER FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCFCS) (FDOT 1999). UPLAND/WETLAND LIMITS SFWMD PERMIT No. 11-02965-P. i` 9 , tilaill, D.B. 6DATE PAS SARE LLA MEWED BY DATE B.B. 6/1/18 Clung EVI3ED DATE—¢,.�='°&s�s & ASSOCIATES T.F. 1/26/18 EXHIBIT E LIST OF DEVIATIONS Not Applicable U S 87°42'45" W(C) 383.64' (C) S 87°42'52" W(L) 1584.92' (L) POINT OF BEGINNING S 87°42'45" (SOUTH R.OX LINE OF MAGNOLIA POND DRIVE) — S 87°42'45" W(C) 831.60' (C) / S 87°42'52" W(L) 1584.92' (L) � / r <� (PHASE 1 BOUNDARY) U U ro � (PHASE 1 BOUNDARY) °' m ro � .vI j //J// U w 2� CURVE RADIUS ARC LENGTH DELTA ANGLE C1 261.45' 294.13' 64°27'24" 0 0 0 0 (MAGNOLIA � 00296520006' LLC) (O.R. 5632, PG. 1402) S > 4 09'24» LINE BEARING DISTANCE L1 S 01°40'35" E 45.50' L2 N 89'11'13" E 9.00' L3 S 00°21'55" E 93.00' L4 S 89°53'30" W 54.45' L5 S 00°48'47" E 61.00' L6 N 88°5827" E 88.77' L7 S 31°34'47" E 7.02' L8 S 15*2857" E 1.39' L9 S 02'09'41" W 57.81' L10 N 88°52'55" W 98.86' L11 S 89°34'02" W 277.04' L12 N OO°18'37" W 524.57' L13 N 87°42'45" E 369.53' 8>5 54 (C) (L) (PHASE 1 BOUNDARY) (C/M7�0 S 87°55'19" E(C) �12C) CERTIFIED TO:THE RICHMAN GROUP /`�S R•0 bless S 78,444 S 87°55'12" E(L) L) DATE OF FIELD SURVEY NOVEMBER 11, 2022 5 E(C) 378.32, PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS 7g 44 38 E(L) 31832' (L)) BY GEORGE W. HACKNEY, PSM 5606 NOVEMBER 11, 2021. THIS BOUNDARY SURVEY IS CERTIFIED AS TO THE DATE OF FIELD SURVEY NOVEMBER 11, 2021. GENERAL NOTES: 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. R.O.W. = RIGHT-OF-WAY. 3. BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM , EAST ZONE, NAD 83/90 DATUM. 4. ELEVATIONS ARE BASED ON NAVD-88. 5. (L) = A DIMENSION AS IT IS WRITTEN ON THE LEGAL DESCRIPTION FOR THE ENTIRE PROPERTY. (C) = A DIMENSION FROM THE LEGAL DESCRIPTION WHICH HAS BEEN TRANSLATED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE. 0 0 0 0 V) z 1779.28 (C) (SOUTH R.O.W. LINE OF MAGNOLIA POND DRIVE) S 87'42'52" W(L) 947.68' (L) S 87°42'45" W(C) 947.68' (C) • = SET 5/8" IRON ROD/CAP N N N r r SCALE: 1" = 300' (VICTORIA ESTATES LTD ET AL) (O.R. 4354, PG. 2139) N 00 00 N 23°37'21" E(C) 92.22' (C) N 23°37'28" E(L) 92.22' (L) N 64°12'39" E(L) 207.98' (L) S 64°12'32" W(C) 207.98' (C) (PHASE 1 BOUNDARY) �cl N 86°36'54" E(C) 778.54' N 86°37'0�111 E L 658.52' L D8'EMP°R""v PaEs1RYi CASEu0M ""° INFRASTRUCTURE (0.R 2823. PG 3138) 778.54' (C) 6� 12'5 fig, N 86'36'54" E(C) 778.54' (L) N 0�12 N 86°37'01" E(L) � POINT OF (n U 0 THE SE CORNER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST aaao❑ oawL, omo>-- GNOLI omaan_ MOVE - BARBER & n',r�nr i RUNDAGE, INC. Professional Engineers, Planners & Surveyors 7400 Trail Blvd., Suite 200, Naples, FL 34108 Ph.: (239) 597-3111 - Fax: (239) 566-2203 LEGAL DESCRIPTION FOR LOT 2 The land referred to herein below is situated in the County of Collier, State of Florida, and described as follows: A parcel of land located in the Northeast quarter of Section 34, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast corner of the Northeast Quarter of Section 34, Township 49 South, Range 26 East, Collier County, Florida; thence run S 88' 48' 27" W, along the South line of Northwest Quarter of said Section 34, for a distance of 100.01 feet to a point 100.00 feet Westerly of, as measured at right angles to the East line of the Northeast Quarter of said Section 34; thence run N 00° 29' 22" W parallel with the East line of the Northeast Quarter of said Section 34, for a distance of 1353.72 feet to a point on the Southerly right-of-way line of Access Road No. 2, also known as Magnolia Pond Drive, a 60' public right-of-way, as the same is described in O.R. Book 1018, at Pages 383 through 386, of the Public Records of Collier County, Florida; thence run S 87' 42' 45" W, along the Southerly right-of-way line of said Access Road No. 2, also known as Magnolia Pond Drive, a 60' public right-of-way, for a distance of 1779.28 feet to the Point of Beginning of the parcel of land herein described: Thence leaving said right of way, through the following 14 courses: 1) THENCE LEAVING SAID RIGHT OF WAY S 01°40'35" E A DISTANCE OF 45.50 FEET; 2) THENCE N 89°11'13" E A DISTANCE OF 9.00 FEET; 3) THENCE S 00°21'55" E A DISTANCE OF 93.00 FEET; 4) THENCE S 89°53'30" W A DISTANCE OF 54.45 FEET; 5) THENCE S 00°48'47" E A DISTANCE OF 61.00 FEET; 6) THENCE N 88°58'27" E A DISTANCE OF 88.77 FEET; 7) THENCE S 31°34'47" E A DISTANCE OF 7.02 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS S 49°50'18" E AND HAVING A RADIUS OF 261.45 FEET; 8) THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64°27'24" AN ARC DISTANCE OF 294.13 FEET; 9) THENCE S 15°28'S7" E A DISTANCE OF 1.39 FEET; 10) THENCE S 02°09'41" W A DISTANCE OF 57.81 FEET; 11) THENCE N 88°52'S5" W A DISTANCE OF 98.86 FEET; 12) THENCE S 89°34'02" W A DISTANCE OF 277.04 FEET; 13) THENCE N 00°18'37" W A DISTANCE OF 524.57 FEET TO AN INTERSECTION WITH THE AFORESAID SOUTHERLY RIGHT OF WAY LINE; 14) THENCE N 87°42'45" E ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 369.53 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED. CONTANINING 4.49 ACRES OF LAND MORE OR LESS. REF ABB DWG #12794-PH2-SD SHEET 2 OF 2 PUD Ordinance Revised Section 2.1, Revised Section 4.13, New Section 4.17, and Revised Section 6.1 The revisions to the PUD are reflected in Sections II, IV and VI. 2.1 Property Ownership TTe--UtA Vph*r-liz Pars Cemparn=ry ey FFeRtiy-eWRS the s 'bjeec pFepeFty. The Magnolia Naples Apartments LLC owns the subject 4.49 acres. 4.13 Architectural and Site Design Standards Development of commercial uses shall meet the requirements of Divisien2. LDC 5.05.08 Architectural and Site Design Standards of the LDC, includingthe requirements of the adopted Activity Center #9 Interchange Master Plan. 4.17 Miscellaneous "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. All other applicable state or federal permits must be obtained before commencement of the development." 6.1 Development Standards Table 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USE SINGLE ZERO LOT TWO FAMILY SINGLE FAMILY MULTI - AND STANDARDS FAMILY LINE & DUPLEX ATTACHEDAND FAMILY DETACHED TOWNHOUSE DWELLING Minimum Lot Areas 6,000 S.F. 3,500 S.F. 3,500 S.F. (1) 3,000 S.F. per 1 AC DU Minimum Lot 60' 35' 35' 30' 150' Width (2) Front Yard 25 (5)(8) 15' 15' 20' 25' Side Yard 7.5' (8) 0 or 12' (4) 0 or 6 0 or 12 Rear Yard Principal 20' (8) 10, 15' 20' 25' Rear Yard 10, 5' 5' 10, 10, Accessory Maximum Building 35' 35' 35' 35' 35' 50- Height Distance Between N/A N/A N/A N/A 15' or 50% of Structures the BH, whichever is rg eater "text added is underlined, text deleted is struck -through" Floor Area Min (SF) 1,200 1,200 1,200 1,000 600 Preserve Setback 25' 10'** * 50' zoned height and 58' actual height only applies to the 4.49+/- Acre parcel described in Exhibit C, Legal Description for Lot 2. ** Preserve setbacks - 25ft. principal structure setback and 15ft. accessory structure setback. All distances are in feet unless otherwise noted. BH = Building Height SBH = Sum of Building Heights 1. Each half of a duplex unit requires a lot area allocation of thirty-five hundred (3,500) square feet for a total minimum lot area of seven thousand (7,000) square feet. 2 Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. 3. Accessory uses such as pool enclosures may be attached to principal uses and may be set back five (5) feet from side or rear property lines. 4. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a twelve (12) foot side yard. 5. Single-family dwellings which provide for two (2) parking spaces within an enclosed garage and provide for guest parking other than private driveways may reduce front yard requirements to five (5) feet for the garage and fifteen (15) feet for the remaining structures. Side entry garage setbacks may be reduced to twelve (12) feet. 6. Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line or a mansard roof and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. Accessory buildings shall be limited to twenty (20) feet above grade. 7. Adult Living Facilities shall be developed in conformance with the requirements of Section 2.6.26 of the Collier County Land Development Code. Development standards for Adult Living Facilities shall be the same as provided for multi -family dwelling units in Table 1. The maximum number of Adult Living Facilities shall be two hundred fifty (250) units. For each acre of ALF use developed on the subject property, ten (10) multi -family dwelling units per acre will be subtracted from the maximum number of dwelling units permitted. See also Section 8.2.12 Transportation Requirements of this Ordinance pertaining to 1-75 setback requirements. "text added is underlined, text deleted is struck -through" HEX NO.2019 — 36 HEARING EXAMINER DECISION PETITION NO. PDI-PL20180003363 — The Richman Group of Florida, Inc. requests an insubstantial change to Ordinance Number 01-10, as amended, the Collier Boulevard Mixed Use Commerce Center PUD, to amend the Master Plan to reconfigure the preserve and the site design for the residential tracts for property located in the northwest quadrant of I-75 and Collier Boulevard, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. DATE OF HEARING: August 8, 2019 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition should be approved. ANALYSIS: No objections were received for this request of a master plan change to an existing Planned Unit Development. The master plan change primarily consolidated previously approved preserve areas and reduced the number of access connections to the local roadway resulting in fewer potential conflicts without changing the traffic distribution patterns. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20180003363, filed by Robert J. Mulhere of Hole Montes, Inc. representing Magnolia Pond Road Development Company, LLC, and The Richman Group of Florida, Inc., with respect to the property as described in the Collier Boulevard Mixed Use Commerce Center PUD, Ordinance No. 01-10, requesting insubstantial changes to amend the Master Plan to reconfigure the preserve and the site design for the residential tracts. Said changes are fully described in the Collier Boulevard Mixed Use Commerce Center PUD Revised Master Plan attached as Exhibit "A", and are subject to the condition(s) set forth below. ATTACHMENT: Exhibit A — Revised Master Plan [19-CPS-01873/1491063/11 1 of2 LEGAL DESCRIPTION: See Ordinance No. 01-10, the Collier Boulevard Mixed Use Commerce Center PUD. CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER: 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. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. 46 -1�- —11 Date C�J'l " i) ibt,-" Marf Strain, ifeariiing Examiner Approved as to form and legality: cj�— Ashton-Cicko Managing Assistant County Attorney [19-CPS-01873/1491063/11 2 of C 0 M M E R C E C E N T E R P U D G 0 L D E N G A T E 20' DRAINAGE EASEMENT OR 4556, PG 2507 15' DRAINAGE EASEMENT OR 4549, PG 1028 _ - - - ------ --------------- MAGNOLIA - - -POND DRIVE 60- R-O- --\ ------ ------------- ----- - W -------- Lj i _----- -- — — — — — — — — — — Lj 7-F awa I+ + + + + + + + + + + + + + �w� � +++++++++++++++++++++++++++ 20 TYPE EXISTING +++++++++++++++++++++++++++ 'D' BUFFER 0_ja00- _ � +++++++++++++ LAKE �F�- � I++++++++++++++ 6' WIDE + + + + + + + + + + + + + +2.2 Ac.a + BUFFER RESERVATION ++++++++++++++ Q+ + + + + + + + + + + + + Q�w++++++++++++ N Lij +++++++++++++ II II / O z + I + + + + + + + + + + + + + Q +++++++++++++ DRAIN C�� + + + + + + + + + + + + + EAS EM NT ++++++++++++ �49 --j ++++++++++++++++++++++++++ 15' TYPE O.R. 5� ++++++++++ +++ 'B' BUFFER PG. 1 �8 +++++++ ++++ +++++ +++++++ + + + + + + + + + + + + (SEE NOTE BELOW REGARDING + + +++++++++++ ++++++++++++++ UTILIZING PRESERVE TO MEET + + + + + + + + + + + + + + + BUFFER REQUIREMENTS) i +++++++++++++++++++++++++ + + + + + + + + + + + + + + II II II II z�1+++++++++++++++++++++++++++l w + + + + + + + + + + + + + W 00 +++++++++++++++++++++++++++� + + + + + +'+ + +'+ + + + +.. II II II II w � I+ + + + + + + + + + + + + + + + + + + + + + + + + + + + + \ 0Q(j ++++++++++++++++++++++++++++ LAKE U w a-+ + + + + + + + + + + + + + + + + + + + + + + + + + + + +1 Q ++++++++++++++++++++++++++++ I ++++++++++++++++++++++++++++� QQ� ++++++�+R+E +V+E+++++++++++++++++ zz� +++++ ++++++++++++++++ 25' TYPE Q w + + + + + + + + + + + + + + + + + + + + + + + + + + + + , o z o+++++++++++.1+5++J+2++A�++++++++++++++++++++++++++++++++- ++++++++++++++++++++++++++++ D BUFFER ++++++++++++++++++++++++++++� + + + + + + + + + + + + + + + + + + + + + + + + + + + + / + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++++++++++++++++++++++++++++ +++++++++++++++++++++++++++ ++++++++++++++++++++++++++++ +++++++++++++++++++++++++++� +++++++++++++++++++++++++++ ++++++++++++++++++++++++++++ +++++++++++++++++++++++++++ +++++++++++++++++++++++++++ +++++++++++++++++++++++++++ +++++++++++++++++++++++++++ +++++++++++++++++++++++++++ j 6 WIDE POTENTIAL GATED +++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + �INTERCONNECTION +++++++++++++++++++++++++++ ++++++++++++++++++++++++++++� BUFFER +++++++++++++++++++++++++++ i++++++++++++++++++++++++++++ RESERVATION +++++++++++++++++++++++++++ i ++++++++++++++++++++++++� +++++++++++++++++++++++++++++++++ II II +++++++++++++ . C +++++++++++ II II i +++++++++++++++++ 2 5' TYPE P E + ++++++++++++ + � + i +++++++�+++ 'D' BUFFER ++ i +++++++++ +++ ++++++++++ ++++ NOTE: PRESERVES MAY BE USED TO SATISFY THE + + + + ++++++++++_ +++++++++++ + + + + + + + + + + �, + + + + + + + + + + + + + + + + + + LANDSCAPEBUFFER REQUIREMENTS AFTER EXOTIC + + + + + + + + + + + + �-+ � +� +� ,— + + + + + + + + + + + + + + + + + + + + + + + + + + + +++++++++++++++++++++++++++++++++++++++++++++ ++++++ P R+E SE R\tE+++++++++++++++++++++ + + + + + + VEGETATION REMOVAL IN ACCORDANCE WITH LDC +++++++++++++++++++ +++++++++++ SECTIONS 4.06.02 AND 4.06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07. IN ORDER TO MEET THE LDC REQUIREMENTS FOR A TYPE B BUFFER ALONG THE I N T E R S T A T E 7 5 R I G H T- O F- W A Y WESTERN BOUNDARY OF THE PUD, A �� 6—FOOT—WIDE LANDSCAPE BUFFER RESERVATION W W W W W W C®MMERCIL DISTRICT "C" VEGETAT 0 PRESERVE AREA (15.12 Ac. TOTAL) W HAS BEEN IDENTIFIED ON THE MASTER PLAN. IN W W W W W RETA � THE EVENT THAT THE PRESERVE DOES NOT MEET D STR CT "C" — 1 .16± Ac BUFFER REQUIREMENTS AFTER REMOVAL OF OFF CE EXOTICS AND SUPPLEMENTAL PLANTING WITHIN D STR CT "R" — 13.96+ Ac. R.O.W. (COMMERDAL) 0 0 Q U_ 0 0 QLn � o 0 0 � z c n z o �~ Q 10 I>_ w I� 10 c) EXHIBIT A 0 VA CA w Q C� U 25.3 c.± 240,000 S.F. MAX. 30, 000 S.F. MAX, 1.6 Ac. ± THE PRESERVE, PLANTINGS WILL BE PROVIDED IN TOTAL — 15.12 Ac. THE 6' WIDE RESERVATION TO MEET THE BUFFER RESIDENTIAL DISTRICT 99R99 REQUIREMENTS. THE TYPE, SIZE AND NUMBER OF LAND DEDICATED R THE OPEN SPACE (PRESERVE/LAKES/EASEMENTS SUCH PLANTINGS, IF NECESSARY, WILL BE DETERMINED AT TIME OF INITIAL SDP OR PLAT on R.O.W. OF COLLIER BOLVD® MAX MUM UN TS 10 UPA (MAX. 433 UN TS) 43.3 Ac.± 26.3 Ac.± AND INCLUDED ON THE LANDSCAPE PLANS FOR APPROXIMATELY 0®22+ Ac® THE SDP OR PLAT. e TOTAL 70®2 �®� (O.R. BOOK 4413, PAGE 3 1 N0, DATE REVISIONS BY COLLIER BLV D MIXED USE COMMERCE CENTER ■■■■■. ■■■■■1 1GNOLI ■■■■, ■■■■■'BARBER & ■■■■■; ■■■■■■6 NONNI ■■■■■■�■■'BRUNDAGE, INC. Profess i ona l Engineers, Planners anners & Land Surveyors Collier County: 7400 Tamiami Trail N. - Naples, FL - 34108 Certificate of Authorization Nos. LB 3664 and EB 3664 ABB FILE: 12113 PUD MASTER DESIGNED BY: ABB �� ����� P. UD MASTER ER PLAN d 1OO SCALE SHEET of 1 PROJECT 9 0008 o: DRAWN BY: 1 0417611,9 REVISED PER COUNTY REVIEW RW 2 05 23 19 REVISED PER COUNTY REVIEW R W CHECKED BY: JAC — — — _ _ - DATE: JAN z019 REVIEWED BY: JAC FILE NAME: 12113 PUD MASTER • UNFO •.urAGNOLI " ARBER & ....... ....... RUNDAGE, wc. r<oo r,��i ana., axe zoa • Home:, F\ �aios r , • t -O . s + Magnolia Pond PL2022000637A