BCC Agenda 02/27/2024 Item #17D (Ordinance - Amending Ordinance No. 2001-10 MPUD to increase the maximum hight of 2 buildings on lot 2 from 50 feet to 55 feet)02/27/2024
EXECUTIVE SUMMARY
This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this
item, all participants are required to be sworn in. Recommendation to approve a rezoning ordinance
amending Ordinance No. 2001-10, as amended, the Collier Boulevard Mixed Use Commerce Center Planned
Unit Development (MPUD), to increase the maximum zoned height of two buildings on Lot 2 from 50 feet to
55 feet near the southwest corner of Collier Boulevard (C.R. 951) and Magnolia Pond D rive, in Section 34,
Township 49 South, Range 26 East, Collier County, Florida. [PL20230010984]
____________________________________________________________________________________
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 ±4.49-acre tract within the Collier Boulevard Mixed-Use
Commerce Center PUD (MPUD), Ordinance No. 2001-10, as amended, and represents Phase II of the residential
tract of the MPUD. Phase I is under construction and includes approximately 38 acres. A total of 433 dwelling units
were approved for the residential tract. The latest annual monitoring report (June 8, 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 and the
overall residential tract as a result of this petition.
The subject property abuts Magnolia Pond Drive to the north and is surrounded by Phase I on its other three sides.
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), 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 ±4.49 -acre tract from 50 feet to
55 feet (65 feet actual), limited to two buildings. 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.
Note: The PUD also has a commercial tract, which was the subject of another amendment (Ordinance 2023 -31),
which changed the commercial tract to commercial tract -mixed-use and added 413 dwelling units to the
commercial tract-mixed-use.
The subject property has a future land use designation of Urban Mixed-use, Urban Residential Subdistrict, intended
to accommodate most of the forecast population growth. The propert y 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 GMP's
relevant goals, objectives, and policies 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.
In 2023, the Board and Planning Commission unanimously approved a very similar petition that increased the
zoned height from 35 feet to 50 feet (58 feet actual). An error by the architect for the buildings required an
additional five feet in zoned building height, hence this petition.
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-
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Use, Urban Residential Subdistrict 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
commercial development patterns, 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
50 feet to 55 feet zoned (65 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 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 RECOMMENDATION: The CCPC heard Petition PUDA-
PL20230010984, Collier Boulevard Mixed Use Planned Unit Development on January 18, 2024, and voted
unanimously 5-0 to forward this petition to the Board with a recommendation of approval with one condition to
limit the number of buildings in Phase II to two, which has been included in the proposed ordinance.
LEGAL CONSIDERATIONS: This is an amendment to an existing Mixed Use 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 arr angements 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 MPUD with the Growth Management Plan's goals, objectives,
and policies.
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 MPUD 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, policies, future land use map, and the
elements of the Growth Management Plan?
10. Will the proposed MPUD Rezone be appropriate considering the existing land use pattern?
11. Would the requested MPUD 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
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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 that 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 MPUD 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 MPUD rezone request that the Board of
County Commissioners shall deem important in protecting 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. -DDP
RECOMMENDATION: To approve Petition PUDA-PL20230010984 with one condition, to limit the number of
buildings in Phase II to two, which has been included in the proposed ordinance of 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 - Staff Report - Magnolia Pond Rd II w CAO review (PDF)
2. Attachment 2 - Proposed Ordinance (PDF)
3. Attachment 3 - GMP Consisitency Memo (PDF)
4. Attachment 4 - Applicant Backup Material (PDF)
5. Attachment 5 - Applicant NIM Documents (PDF)
6. (Legal Ad Pending) Attachment 6 - Legal Ad and Sign Posting (PDF)
7. legal ads - agenda ID 27793 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.D
Doc ID: 27793
Item Summary: This item requires that Commission members provide ex-parte disclosure. Should a hearing be
held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning ordinance
amending Ordinance No. 2001-10, as amended, the Collier Boulevard Mixed Use Commerce Center Planned Unit
Development (MPUD), to increase the maximum zoned height of two buildings on Lot 2 from 50 feet to 55 feet
near the southwest corner of Collier Boulevard (C.R. 951) and Magnolia Pond Drive, in Section 34, Township 49
South, Range 26 East, Collier County, Florida. [PL20230010984]
Meeting Date: 02/27/2024
Prepared by:
Title: Principal Planner – Zoning
Name: Eric Ortman
01/23/2024 10:53 AM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
01/23/2024 10:53 AM
Approved By:
Review:
Zoning Mike Bosi Division Director Completed 02/01/2024 9:41 AM
Zoning Ray Bellows Additional Reviewer Completed 02/01/2024 12:18 PM
Building Plan Review & Inspections Diane Lynch Additional Reviewer Skipped 02/02/2024 7:39 PM
Growth Management Community Development Department Diane Lynch GMD Approver Completed
02/07/2024 4:29 PM
Unknown Jaime Cook Additional Reviewer Completed 02/13/2024 11:41 AM
Growth Management Community Development Department James C French Growth Management Completed
02/13/2024 12:44 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 02/14/2024 3:13 PM
Growth Management Community Development Department Diane Lynch GMD Approver Skipped
01/31/2024 6:45 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/14/2024 3:40 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/15/2024 9:26 AM
Office of Management and Budget Laura Zautcke OMB Reviewer Completed 02/20/2024 10:46 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 02/20/2024 2:41 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 02/27/2024 9:00 AM
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PUDA-PL20230010984: Collier Blvd. Mixed-Use Commerce Center MPUD Page 1 of 12
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: JANUARY 18, 2024
SUBJECT: PUDA-PL20230010984 COLLIER BOULEVARD MIXED-USE
COMMERCE CENTER (AKA, THE MAGNOLIA POND)
Owner and Applicant: Agent:
Richman Naples Development
Partners II, LLC
Margaret Emblidge
777 West Putman Ave. Agnoli, Barber & Brundage, Inc.
Greenwich, CT 06830 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 2001-10, as amended, the Collier Boulevard Mixed-Use
Commerce Center Planned Unit Development (PUD), to increase the permissible height of two
buildings on a ±4.49-acre tract. On May 23, 2023, the Board of County Commissioners (BCC)
adopted Ord. No. 23-26, amending the subject PUD to increase the permissible zoned height of
buildings on this subject tract from 35 feet to 50 feet. Due to engineering and architectural design
criteria, the petitioner is seeking to amend the ordinance further to allow for a greater increase in
height to 55 feet zoned for this ±4.49-acre tract. No other changes are being proposed in this
amendment.
GEOGRAPHIC LOCATION:
The PUD is in the northwest quadrant of the intersection of Collier Boulevard and I-75. It is also
in Activity Center #9 and the Collier Boulevard Interstate 75 Innovation Zone Overlay of the
Future Land Use Element (FLUE). The subject ±4.49-acre tract abuts Magnolia Pond Drive and
the Golden Gate Commerce Park PUD along its northern boundary and is surrounded by the PUD
on 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).
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Exhibit C of Ordinance No. 2023-31
PURPOSE/DESCRIPTION OF PROJECT:
The ±70-acre PUD is divided into three separate tracts: The ±4.49-acre tract representing Phase 2
of the residential development and the focus of this petition, a ±38.8-acre tract representing Phase
1 of the residential development, and a ±26.9-acre commercial tract.
Ordinance 2023-26 (PL20220006374) increased the zoned height of the ±4.49-acre tract from
35 feet to 50 feet (58 feet actual) for the two four-story buildings within the tract. Unrelated to
the ±4.49-acre tract, Ordinance 2023-31, approved on June 13, 2023, amended the ±26.9-acre
commercial tract by adding 413 multi-family dwelling units to it, bringing the total residential
development within the PUD to 846 dwelling units: 413 in the mixed-use tract, and 433 dwelling
units in the two residential tracts.
Subject Parcel
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The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an
application to amend Ordinance 2001-10, as amended, to increase the permissible height on the
±4.49-acre tract from 50 feet to 55 feet zoned (65 feet actual). Per the petitioner, the height
increase is needed to rectify an error made in Petition PL20220006374 and to adhere to
engineering and architectural design criteria for two proposed buildings. The height increase is
only applicable to the ±4.49-acre tract. No other changes are being proposed in this amendment.
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
abuts the Golden Gate
Commerce Park along its
northern border.
South: Preserve and residential
parts of the Collier Boulevard
Mixed-Use Commerce Center
MPUD.
East: Residential part of the
Collier Boulevard Mixed-Use
Commerce Center MPUD.
West: Preserve area of the
Collier Boulevard Mixed-Use
Commerce Center MPUD.
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 is located within the Urban designated area with a future land use designation
of Urban Commercial District, Interchange Activity Center #9, and Collier Boulevard Interstate
75 Innovation Zone Overlay. The Urban Commercial District is intended to accommodate almost
all new commercial zoning, various residential uses, including higher densities for properties not
Subject Parcel
(approximate location)
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located within the Urban Coastal Fringe or Urban Residential Fringe Subdistricts, and various non-
residential uses.
When created, the PUD 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 50 feet to
55 feet zoned (65 feet actual) within Phase 2 of the residential area of the PUD with no changes
to uses, number of dwellings, or overall density, the amendment must also be consistent with the
GMP. The GMP Consistency Memo may be found in Attachment 2.
Transportation Element: The Transportation Planning staff has evaluated the proposed PUDA
changes. The changes present no transportation-related issues for consistency. No additional uses
are proposed, no changes to the PUD 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 consistent with the Conservation & Coastal Management Element (CCME). The
proposed changes do not affect any of the GMP’s environmental requirements.
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 Land Development Code
(LDC) Section 10.02.13.B.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 does not anticipate creating drainage problems in the
area.
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, as amended). 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
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wastewater services are available via existing infrastructure within the adjacent right-of-way.
Sufficient water and wastewater treatment capacities are available.
Developer commitments may be found in Exhibit F of Attachment 1.
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.
Zoning Services Review: The ±70-acre Collier Boulevard Mixed-Use Commerce Center PUD was
created by Ord. No. 01-10, as amended, 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 (±4.49 acres) of the
residential tract in preparation for starting the development of the said tract. The request is to
increase the permissible height of the tract from 50 to 55 feet zoned (65 feet actual). While the
total number of proposed buildings in the tract is decreasing from three to two, the number of
dwelling units remains constant at 846, comprised of 433 units from Ordinance 2001-10 and 413
from Ordinance No. 2023-31. No other changes are being requested in the amendment.
LDC Section 10.02.13.B.5 states, "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 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 Commercial District, Interchange
Activity Center #9, Collier Boulevard Interstate 75 Innovation Zone Overlay. The Urban
Commercial District is intended to accommodate almost all new commercial zoning, various
residential uses, including higher densities for properties not located within the Urban Coastal
Fringe or Urban Residential Fringe Subdistricts, and various non-residential uses. 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 commercial development and
disorganized commercial development patterns, and to create focal points within the community.
Mixed Use Activity Centers are intended to be mixed-use in character. The intended uses in this
PUD are ideal for these land use designations and concepts. The PUD 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 five feet less than the height requested in this amendment.
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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 the County Attorney’s Office reviewed,
demonstrate unified property control.
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 GMP's relevant goals,
objectives, and policies within the GMP Consistency portion of this staff report (page 5 and
Attachment 2) 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 the 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 PUD and will not have any negative impact on the landscaping standards of
the original PUD.
5.The adequacy of usable open space areas in existence and as proposed to serve the
development.
Section 4.10 of Ordinance 2001-10 states 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 been replaced by Section 4.07.02.G. There are slight differences in the text;
however, the minimum requirement of 30 percent (30%) usable open space has not changed.
Attachment 3 contains these two sections of code.
The current petition eliminates one building from Phase 2, providing a marginal increase in open
space. The PUD will meet or exceed the 30 percent (30%) open space requirement of the LDC
(4.07.02.G) and as provided for in Ordinance 2001-10, as amended. This petition also
increased the preserve setback from 10 feet to 15 feet for the ±4.49-acre parcel.
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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 of 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 of surrounding areas to accommodate
expansion.
The proposed amendment is not an expansion of the previously approved residential development
of up to 846 dwelling units. The amendment’s 5-foot height increase for the two buildings in Phase
2 will have no impact on the surrounding area’s ability to accommodate the development.
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, as amended. The Transportation Planning staff has evaluated the
proposed PUDA changes. The changes present no transportation-related issues for consistency.
No additional uses are proposed, no changes to the PUD trip impacts, and no additional impacts
on the adjacent roadways.
Rezone Findings:
LDC Subsection 10.02.08.F 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.
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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 surrounding area 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 50 feet
to 55 feet zoned (65 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 Ordinance 2001-10.
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 utilize the land better.
6.Whether the proposed change will adversely influence living conditions in the
neighborhood.
The proposed amendment will be compatible with existing and neighboring developments;
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.
As determined by the Transportation Planning staff, the proposed changes present no
transportation-related issues for consistency. No additional uses are proposed, no changes to the
PUD 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 amendment request does not anticipate creating adverse drainage impacts in the
area.
17.D.a
Packet Pg. 1262 Attachment: Attachment 1 - Staff Report - Magnolia Pond Rd II w CAO review (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
[23-CMP-01176/1835563/1]
PUDA-PL20230010984: Collier Blvd. Mixed-Use Commerce Center MPUD Page 10 of 12
9.Whether the proposed change will seriously reduce light and air to adjacent areas.
It is not anticipated that the changes proposed in this 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 height change is compatible (Golden Gate Commerce Park PUD zoned
height for multi-family dwellings is 50 feet.) with the existing neighboring homes and should not
adversely impact adjacent property values. However, there may be internal and/or external factors
beyond the applicant's control, 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 meets all County requirements relating to traffic, stormwater
management (to be determined during SDP), 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 in contrast with the public welfare.
The development complies with the Growth Management Plan (GMP), which is a public policy
statement supporting zoning actions when they are consistent with said 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.
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
utilize the land better.
14.Whether the change suggested is out of scale with the neighborhood's or the County's
needs.
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 immediate and
surrounding 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.
17.D.a
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[23-CMP-01176/1835563/1]
PUDA-PL20230010984: Collier Blvd. Mixed-Use Commerce Center MPUD Page 11 of 12
15.Whether it is impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
Ordinance 2001-10, as amended, permitted 433number residential dwelling units with the PUD.
Ordinance 2023-31 amended Ordinance 2001-10 and added 413 dwelling units to the
commercial tract in addition to the allowed commercial uses. Since this amendment does not
change the number of units or density, the applicant does not need to find other adequate sites.
16.The physical characteristics of the property and the degree of site alteration 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 4, 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
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 protecting public health, safety, and welfare.
To be determined by the Board of County Commissioners during its advertised public hearing.
DEVIATION DISCUSSION:
The PUD was originally approved by Ordinance 2001-10. This is the third amendment to the
ordinance. The petitioner is not seeking any deviations with this petition.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The applicant conducted a NIM on September 20, 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. Mr. Ross McIntosh, representing Habitat for Humanity, was the only member of the public
in attendance. Mr. McIntosh noted that he attended just to learn about the project. The applicant,
Ms. Emblidge, gave a brief PowerPoint presentation of the project. The meeting concluded a little
17.D.a
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[23-CMP-01176/1835563/1]
PUDA-PL20230010984: Collier Blvd. Mixed-Use Commerce Center MPUD Page 12 of 12
before 6:00 p.m. (PL20220006374 was the first petition increasing the height of the two buildings
from 35 feet to 50 feet. The NIM for that petition was held on January 31, 2023.)
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 December 26, 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. GMP Consistency Memo
3. LDC Language Comparison
4. Current Aerial Photo of Project Area
5. Application/Backup Materials
6. Legal Ad/Sign Posting
17.D.a
Packet Pg. 1265 Attachment: Attachment 1 - Staff Report - Magnolia Pond Rd II w CAO review (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
17.D.bPacket Pg. 1266Attachment: Attachment 2 - Proposed Ordinance (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
17.D.bPacket Pg. 1267Attachment: Attachment 2 - Proposed Ordinance (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
17.D.bPacket Pg. 1268Attachment: Attachment 2 - Proposed Ordinance (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
2800 North Horseshoe Drive, Naples, FL 34104 Page 1 of 2
Growth Management Department
Zoning Division
Comprehensive Planning Section
MEMORANDUM
To: Eric Ortman, AICP, Principal Planner, Zoning Services
From: Kathy Eastley, AICP, Planner II, Comprehensive Planning
Date: December 12, 2023
Subject: Future Land Use Element (FLUE) Consistency Review
PETITION NUMBER: PUDA-PL20230010984
PETITION NAME: Magnolia Pond (Collier Blvd Mixed Use Commerce Center Planned Unit Development (PUD))
Amendment.
REQUEST: To amend the Collier Blvd Mixed Use Commerce Center Planned Unit Development (PUD), originally
approved via Ordinance #01-010, most recently amended by Ordinance 2023-31. A recent amendment, approved by
Ordinance 2023-26, sought to increase the maximum building height for two residential buildings on 4.49-acres of
the 43.3-acre residential portion of the PUD. This PUD Amendment is to clarify and correct Ordinance 2023-26
regarding building height.
LOCATION: The ±70.2-acre Collier Blvd Mixed Use Commerce Center PUD is situated on the northwest
quadrant of I-75 and Collier Boulevard in Sections 34, Township 49 South, Range 26 East.
COMPREHENSIVE PLANNING COMMENTS: The subject property is located within the Urban designated area
(Urban –Commercial District, Interchange Activity Center #9, Collier Boulevard Interstate 75 Innovation Zone
Overlay) as identified on the countywide Future Land Use Map (FLUM) of the Growth Management Plan (GMP).
The Collier Blvd Commerce Center PUD was originally approved in 2001, amended in 2023, and was found
consistent with the GMP at the time. Although there is a minor change in building height there is no change in uses
or increase in density or intensity within the PUD therefore the proposed amendment is consistent with the GMP.
Relevant FLUE Objectives and policies are stated below (in italics); each policy is followed by staff analysis [in
bold].
FLUE Policy 5.6:
New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the
Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended).
[Comprehensive Planning staff leaves this determination to Zoning staff as part of their review of the petition
in its entirety to perform the compatibility analysis. However, staff would note that in reviewing the
appropriateness of the requested uses/intensities on the subject site, the compatibility analysis might include a
review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and
17.D.c
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2800 North Horseshoe Drive, Naples, FL 34104 Page 2 of 2
densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building
location, traffic generation/attraction, etc.]
FLUE Objective 7 and Relevant Policies
Due to the minor building height changes proposed, with no changes in permitted uses or intensities or
densities beyond the currently approved Collier Blvd Commerce Center PUD, staff finds that a re-evaluation
of FLUE policies under Objective 7 (pertaining to access, interconnections, walkability, etc.) is not necessary.
These policies were evaluated during the staff’s consistency review of the original Collier Blvd Commerce
Center PUD petition.
CONCLUSION:
Based upon the above analysis, the proposed PUDA may be deemed consistent with the Future Land Use
Element.
PETITION ON CITYVIEW
17.D.c
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1
From:BellowsRay <Ray.Bellows@colliercountyfl.gov>
Sent:Tuesday, June 6, 2023 2:03 PM
To:Margaret Emblidge
Cc:OrtmanEric; Denise Rakich; Jamie Schenkerman; PaulRenald
Subject:RE: Magnolia Pond PL20220006374
Follow Up Flag:Follow up
Flag Status:Flagged
Good afternoon,
As you have requested, the waiver from holding another pre-application meeting for the
above referenced PUDA has been approved. Please let me know if I can be of any other
assistance.
Respectfully,
Ray
Raymond V. Bellows, Zoning Manager
Zoning Division - Zoning Services Section
Growth Management Department
Telephone: 239.252.2463; Fax: 239.252.6350
Exceeding expectations, every day!
Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvqT.!
From: Margaret Emblidge <emblidge@abbinc.com>
Sent: Monday, June 05, 2023 9:44 AM
To: BellowsRay <Ray.Bellows@colliercountyfl.gov>
Cc: OrtmanEric <Eric.Ortman@colliercountyfl.gov>; Denise Rakich <rakich@abbinc.com>; Jamie Schenkerman
<Schenkerman@abbinc.com>
Subject: RE: Magnolia Pond PL20220006374
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Good morning, Ray our Client the Richman Group respec!ully requests a pre-
applica"on mee"ng be waived for the submi#al of a PUDA amending the recently
approved Magnolia Pond PL20220006374, Ordinance No.2023-26. The requested
17.D.d
Packet Pg. 1271 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
2
amendment will be for an increase in height only. Please let me know if you have
any ques"ons. Thank you, Margaret.
Margaret Emblidge, AICP
Planning Director
P: (239) 597-3111
Direct: (239) 254-2827
Cell: (239) 405-2349
emblidge@abbinc.com
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
17.D.d
Packet Pg. 1272 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
Addressing Checklist (Rev ϭϬ/2022)Page 1 of 1
Operations & Regulatory Management Division Ɣ1RUWK+RUVHVKRH'ULYHƔ1DSOHV)/Ɣ --
www.colliercountyfl.gov
ADDRESSING CHECKLIST
Please complete the following and upload via the CityView Portal with your submittal. Items ŵĂƌŬĞĚǁŝƚŚ;ΎͿare 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:
-ΎLOCATION 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
ΎFOLIO (Property ID) Number(s)of subject property or properties. [Attach list if necessary]
ΎLEGAL DESCRIPTION of subject property or properties. [Attach list if necessary]
STREET ADDRESS(ES)where applicable, if already assigned.
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_Addressing@colliercountyfl.gov or 239-252-2482 prior to your
submittal.
CURRENT PROJECT NAME
PROPOSED PROJECT NAME
PROPOSED STREET NAME(s)
LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####]
00296580004
Section 34, Township 49, Range 26 - See Attached Property Appraiser's Summary and Aerial
3210 Magnolia Pond Drive, Naples, FL 34116
Collier Blvd Mixed Use Commerce Ctr PUD - i.e.Magnolia Pond
PUD 2023-31/ PL20210000419
17.D.d
Packet Pg. 1273 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
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Packet Pg. 1274 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
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Packet Pg. 1277 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
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Packet Pg. 1278 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
17.D.d
Packet Pg. 1279 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
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Packet Pg. 1280 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
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17.D.d
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17.D.d
Packet Pg. 1283 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
17.D.d
Packet Pg. 1284 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
17.D.d
Packet Pg. 1285 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
17.D.d
Packet Pg. 1286 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
17.D.d
Packet Pg. 1287 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
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Packet Pg. 1288 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
17.D.d
Packet Pg. 1289 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
17.D.d
Packet Pg. 1290 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
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Packet Pg. 1291 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
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17.D.d
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17.D.d
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Packet Pg. 1302 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
17.D.d
Packet Pg. 1303 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
17.D.dPacket Pg. 1304Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center
17.D.d
Packet Pg. 1305 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
EXHIBIT A
LIST OF PERMITTED USES
No Changes
17.D.d
Packet Pg. 1306 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
PUDA-PL20230010984!-!Collier!Boulevard!Mixed!Use!Commerce!Center!(PUDA)!Revised!12/1/2023!
6.5 Development!Standards!
Table!1:!Development!Standards!For!Residential!District!
!
Permitted!Uses!and!Standards!Single-Family!
Detached!
Zero!Lot!
Line!
Two!Family!&!
Duplex!
Single!Family!
Attached!and!
Townhouse!
Multi-Family!
Dwelling!R!
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!(3)!7.5(8)!0!or!12(4)!0!or!6!0!or!12!0!or!.6!BH!
Rear!Yard!Principal!20(8)!10!15!20!25!
Rear!Yard!Accessory!10!5!5!10!10!
Maximum!Building!Height!35!35!35!35!35/50!55!(9)!
Distance!Between!Structures!N/A!N/A!N/A!10!‰!SBH,!but!no!
less!than!15!
Floor!Area!Min.!(SF)!1,200!1,200!1,200!1,000!600!
Preserve!setback! 25/10!(10)!
!
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!5.05.04!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,!subject!to!the!trip!cap!in!8.2.6.!
!
17.D.d
Packet Pg. 1307 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
PUDA-PL20230010984!-!Collier!Boulevard!Mixed!Use!Commerce!Center!(PUDA)!Revised!12/1/2023!
8. See!also!Section!8.2.5!Transportation!Requirements!of!this!Ordinance!pertaining!to!I-75!
setback!requirements.!
9. 50 !55 !zoned!height!and!58 !65!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.!
!
17.D.d
Packet Pg. 1308 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
EXHIBIT C
MCP
No Change
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EXHIBIT
>ĞŐĂůĞƐĐƌŝƉƚŝŽŶ
NoŚĂŶŐĞ
17.D.d
Packet Pg. 1310 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
EXHIBIT E
LIST OF DEVIATIONS
Not Applicable
17.D.d
Packet Pg. 1311 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
EXHIBIT F
LIST OF DEVELOPMENT COMMITMENTS
No Change
17.D.d
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1
Collier Boulevard Mixed-Use Commerce Center
2023 PUD Amendment
Narrative and PUD Rezone Considerations
Request
The Applicant, Magnolia Naples Apartments, LLC is requesting approval of an amendment to PUDA-
PL20220006374, Ordinance No. 2023-26 Collier Boulevard Mixed-Use Commerce Center. Ordinance 2023-
26 approved an increase in building height for Residential Phase II only. The amendment maintained a
35ft. zone height and added a 50 ft. actual height to allow two buildings with four (4) stories of living
units. Based on the engineering and architectural design criteria it was determined that additional
height was needed to accommodate the established finished floor, slopes to the sidewalks, the fourth
floor ceiling heights and roof lines. This amendment is to allow an additional increase in building height
for the 4.49 +/- acre Residential Development parcel from 35ft. to 55ft. zoned height and from 50ft. to
65ft. actual height. This increase will only apply to two (2) four story buildings to be located on the
subject 4.49 +/- acre parcel. See attached Height Increase Location Exhibit. There will not be an increase
in the 433 residential units currently allocated to the residential parcels.
The Residential Area within the PUD consists of two parcels. 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 planned for 108 residential multi-family units in two buildings. 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. 2023-26. No other changes are requested.
The pre-application meeting has been waived (see attached email from Ray Bellows), however, all
items required to be submitted are included per the previous petition PL20220006374 Pre-Application
meeting notes which are included in this application packet.
Additional amendments to the original PUD have been proposed by the property owner of the
commercial parcel. PUDA-PL20210000419, if approved will add 413 dwelling units for the commercial
parcel resulting in a total of 846 dwelling units for the overall PUD. The commercial intensity is being
maintained.
PUDA-PL20210000419 is scheduled for adoption on June 13, 2023. Once the Ordinance is approved
and signed the ordinance will be provided for this project. The Draft ordinance is included in this
submittal and Section 6.5 Development Standards for the Residential District from this draft is used
for the section to be amended for this application.
17.D.d
Packet Pg. 1313 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
2
PUD Rezone Considerations
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 Collier
Boulevard/Interstate 75 Innovation Zone Overlay. The PUD was previously found to be suitable
in this location. The proposed increase in height will not affect this finding.
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 Collier Boulevard/Interstate 75
Innovation Zone Overlay 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.
17.D.d
Packet Pg. 1314 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
3
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 is consistent with the multi-family on
Phase II 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.
17.D.d
Packet Pg. 1315 Attachment: Attachment 4 - Applicant Backup Material (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
September 22, 2023 VIA: e-Permitting
Collier County Growth
Management Department
Zoning Division
2800 North Horseshoe Drive
Naples, FL 34104
Re: Collier Boulevard Mixed Use Commerce Center
AKA Magnolia Pond PUDA PL20230010984
Neighborhood Information Meeting
(ABB PN #22-0138)
Dear Intake Team:
Enclosed please find the following documents in accordance with Collier County’s Neighborhood
Information Meeting Requirements.
• Affidavit of Compliance
• Neighborhood Information Meeting Advertisement as shown in Naples Daily News
• Neighborhood Information Meeting Letter Sent to Property Owners
• List of Property Owners
• Affidavit of Publication from Naples Daily News
• Neighborhood Information Meeting Summary
• Neighborhood Information Meeting Sign-In Sheet
• PowerPoint Shown at the Neighborhood Information Meeting
• Audio/Visual (Mp4) file of the Neighborhood Information Meeting
If you have any questions, you may reach me by telephone or email (Emblidge@abbinc.com). Sincerely,
AGNOLI, BARBER & BRUNDAGE, INC.
Margaret Emblidge
Margaret Emblidge, AICP
Planning Director
Enclosures
Page 1 of 1
17.D.e
Packet Pg. 1316 Attachment: Attachment 5 - Applicant NIM Documents (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
17.D.e
Packet Pg. 1317 Attachment: Attachment 5 - Applicant NIM Documents (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
NEIGHBORHOOD INFORMATION MEETING
Collier Boulevard Mixed-Use Commerce Center Planned
Unit Development Amendment, PL20230010984.
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.
S e p te m b e r 2 0 , 2 0 2 3 ,
a t 5 :3 0 P M
S p rin g H ill Suites by Marriott
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
Agnoli, Barber & Brundage, Inc.
7 400 Trail Blvd., Suite 200 Naples, FL 34108
Telephone: (239) 597-3111
Email: ebmlidge@abbinc.com
Zoom Meeting Link: https://us02web.zoom.us/j/8418713282
9?pwd=S0RYZW9NNnBPRmg1TTA2R2F4L3B6dz09
Meting ID: 841 8713 2829
Passcode:824673 ND•GCI 1097983-01
17.D.e
Packet Pg. 1318 Attachment: Attachment 5 - Applicant NIM Documents (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
100 I SATURDAY, SEPTEMBER 2, 2023 I NAPLES DAILY NEWS
Your Source • •@tn~•
for the latest..
(f,,2HtidiAHW
Redla.nds Christian Migrant
Ailoctation (RCMA) is inuing
:u;i~~~~}ce~~rin~{u0~~~at;,, ~~'.
dependent financial audit for
~~c~t;;;r r~~~~~1oi;.m~~t~~
considered, Proposals must be
received by RCMA by Septem-
ber 18, 2023. You can obtain
the full RFP by contacting
Ambar Villafuerte, ambar.villa :~j7if:F~~-ri 2023
C,ll@fl5t'ffiii4M
Notice Under Fictitious Name
Law Pursuant to Section
865,09,FloridaStatutes
NOTICE 15 HEREBY GIVEN that
the undersigned, desiring to
e.ng_age in businen under the
f1ct1tiousnameof
Shunk Financial Group located
at 4851 Tamh1mi Tri N, Ste
302, in the County of Collier,
City of Naples, Florida 34103
intends to register the said
name with the Division of
Corporations of the Florida
Department of State, Talia•
hassee,Florida.
Dated at Naples. Florida, this
~:t~/:X, Lttugust 2023
No. 58136455ept.2, 2023
~l@titAt'ffi lliM
~~t~~~;:~r,e~rri~i~ ~~at~e
~;i:~~l~nFl~~rdi~illc~~~
iu meeting on September 13,
2023 at 10:00 a.rn. at The
~:i:~~e~~a~l~~J~. cf~ti~9i:
Danleh Center Drive, Ste. 401,
fortMyers,fL 33912.
Sept 2, 2023 #5815494
1obcase
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
PROBATE DIVISION
tN RE: ESTATE OF File No.:23-CP-002410
AMY B. JORDAN Division: PROBATE
Deceased.
OTICE TO CREDITORS
The administration of the estate of AMY B. JORDAN, deceased.
w~ose date of de~th was April 21, 2023, is pendin!J in the Cir-
cu,t Court for Collier County. Florida, Probate Divismn, the ad-
dress of which is 3315 Tamiami Trail E., Suite 102, Naples, FL
34112. The namn and addressn of the personal representative
andthepersonalrepresentative'sattorneya,esetforthbelow.
Alt creditors of the decedent and other persons having claims or
demands a.9ainst decedent's estate on w_hom a copy of thls no-
tice is required to be served must ule theu dairns with this court
ON OR BEFORE THE LATER OF 3 MONTHS AFTER THE TIME OF
THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS AFTER
THE DATE Of SERVICE OF A COPY OF THIS NOTICE ON THEM.
All other creditors of the decedent and other persons havin.9 ~::J~! !fthd~hJ:~~~r:~~~INd~c~~~fHtl'~ERmf~\ ~
1
!T~h6F
THE FIRST PUBLICATION OF THIS NOTICE.
ALL CLAIMS NOT FILED WITHIN THE TIME PERIODS SET FORTH
IN FtORIDA STATUTES SECTION 733.702 WILL BE FOREVER BAR-
RED.
NOTWITHSTANDING THE TIME PERIODS SET FORTH ABOVE,
ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECE·
DENT'S DATE OF DEATH 15 BARRED.
The date of first publication of this notice is September 2, 2023.
f;::~~~tf:h1:E~~:•m~e1i~::;i;jive:~f:~:;t~~i!:d!~"-1ative:
THRELKELD LAW, P.A. 4419Rilffiil Palm Cir.
3003 Tamlaml Trail N., Suite 400 Naples, FL 34119
f:re~~•o~~~~\Of) 234-5034
Pub: September 2, 9, 2023 5815438
IN THE CIRCUIT COURT FOR
COLLIER COUNTY, FLORIDA
PROBATE DIVISION
IN RE: ESTATE OF File No. 112023CP00023S20001XX
IRENEBROVEY
Deceased.
NOTICE TO CREDITORS
The adminimation of the estate of Irene B~ovey, dece~sed,
whose date of death was June 1, 2023, is pending 1n the Circuit
Coun for Collier County, Florida, Probate Dlvidon, the addrns
of which is 3315 Tamiami Trail East, Ste. 102, Naples, Fl 311112·
5324. The names and addresses of the personal representative
andthepersona1representative'sattorneyareset fo rt h below.
All creditors of the decedent and other persons having claims or
demands a.9ain1t decedent's estate on whom a copy of this no-
tice Is required to be served must file their claims with this coun
ON OR BEFORE THE LATER OF 3 MONTHS AFTER THE TIME Of
THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS AFTER
THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM.
All other creditors of the decedent and other persons havin.9
~l:[~! ~thd~hi:~~~r:w~~INd~c~~~iH:SlWERmr~i ~
1
:T~
11
6F
THE FIRST PUBLICATION OF THIS NOTICE.
ALL CLAIMS NOT FILED WITHIN THE TIME PERIODS SET FORTH
IN FLORIDA STATUTES SECTION 733.702 WILL BE FOREVER BAR-
RED.
NOTWITHSTANDING THE TIME PERIODS SET FORTH ABOVE,
ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECE-
DENT'S DATE OF DEATH IS BARRED.
The date of lint publication of this notice is August 26, 2023.
Attorney for Personal
Representative:
FernandoM.Giachino
Attorney
FloridaBarNumber:0180660
3601 SEOceanBlvd.
Suite204 David Sears
Stuart.FL 34996 1650ewbourneAvenue
Telephone: (772) 266-4184 Toronto, ON, Canada
~~;~~!~E~~dal1~a:::/~~~;~W1~01aw.~~
121
No. 5807386. August 26, Sept 2, 2023
Personal Representatives:
Deborah L Beckmann
4953SWBermudaWay
Palm City, Florida34990
@@n@rmmw i ~mrnt11:mmw 1 Pub lic N otic es
NEIGHBORHOOD INFORMATION MEETING
Collier Boulevard Mixed-Use Commerce Center Planned
Unit Development Amendment, PL20230010984.
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.
September 20, 2023,
at5:30PM
Spring Hill Suites by Marriott
3798 White Lake Blvd.,
N,a ples, 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:
M a rg a ret E m b lid g e , A IC P
A g n o li, B a rb e r & B ru n d a g e , In c .
74 0 0 Tra il B lv d ., S u ite 200 N a p le s, FL 34 10 8
Te le p h o n e : (2 39) 59 7-3 11 1
E m a il: eb m lid g e @ a b b in c .c o m
Z o o m M e e tin g Li n k : https://us02web.zoom.us/j/8418713282
9?pwd=S0RYZW9NNnBPRmg1 TTA2R2F4L3B6dz09
M e tin g ID : 841 8713 2829
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17.D.e
Packet Pg. 1319 Attachment: Attachment 5 - Applicant NIM Documents (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
Dear Property Owner:
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 PL20230010984. 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 Wednesday September 20, 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/84187132829?pwd=S0RYZW9NNnBPRmg1TTA2R2F4L3B6dz09
Meeting ID: 841 8713 2829
Passcode: 824673
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 Margaret Emblidge Naples, FL 34108
Telephone: (239) 597-3111
Facsimile: (239) 566-2203 Email: emblidge@abbinc.com
Margaret Emblidge, AICP
17.D.e
Packet Pg. 1320 Attachment: Attachment 5 - Applicant NIM Documents (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
1
NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 LEGAL1 LEGAL2 LEGAL3 LEGAL4 FOLIO ADDRESSTYPE
HABITAT FOR HUMANITY OF CC INC 11145 TAMIAMI TRAIL EAST NAPLES, FL 34113---0 34 49 26 E1/2 OF SE1/4 OF NE1/4 OF NW1/4 LESS S 30FT 00297240000 U
HABITAT FOR HUMANITY OF CC INC 11145 TAMIAMI TRAIL EAST NAPLES, FL 34113---0 34 49 26 COMM W1/4 CNR SEC E2636.93FT, N346.19FT TO POB,CONT N989.32FT,W 329.52FT,S665.85FT, W 329.57FT,297280002 U
I-75 PRESERVE LLC 8441 COOPER CREEK BLVD UNIVERSITY PARK, FL 34201---2006 34 49 26 COM AT NE CNR SEC 34,S87DEG W 100.04FT, S 1275.33FT , S87DEG W 874.65FT AND POB,ALG ARC OF CURVE 40.05FT, N 00298120501 U
MAGNOLIA NAPLES APARTMENTS LLC 477 SOUTH ROSEMARY AVENUE STE 301 WEST PALM BEACH, FL 33401---0 34 49 26 COMM AT SE COR OF NE 1/4 SEC 34, W 100.01FT, NLY 1353.72FT, S87DEG W 1779.28FT TO POB, S 1DEG E 45.50FT, N89 00296580004 U
RICHMAN NAPLES DEV PTNR LLC 777 W PUTNAM AVE GREENWICH, CT 06830---0 34 49 26 COMM AT SE CNR OF NE 1/4 SEC 34, W 100.01FT,NLY 1353.72FT, S87DEG W 947.68FT TO POB, S87DEG W 831.60FT,296520006 U
SCHOOL DISTRICT-GGH GOLDEN GATE HIGH % SUPERINTENDENT 5775 OSCEOLA TRL NAPLES, FL 34109---919 34 49 26 NW1/4 OF NW1/4, W1/2 OF NE1/4 OF NW1/4, W1/2 OF SW 1/4 OF NW1/4 LYING N OF I-75 RW, W1/2 OF NE1/4 OF SW1/4 OF 00296480007 U
SCHOOL DISTRICT-MDE MIKE DAVIS ELEMENTARY SCHOOL 3215 MAGNOLIA POND DR NAPLES, FL 34116---8300 34 49 26 A 17.58 AC PARCEL IN THE NE1/4 FURTHER DESCRIBED IN OR 3186 PG 2789 00298120909 U
SREIT NOAH'S LANDING LLC 591 WEST PUTNAM AVENUE GREENWICH, CT 06830---0 NOAH'S LANDING TRACT L1 63935000329 U
SREIT NOAH'S LANDING LLC 591 WEST PUTNAM AVENUE GREENWICH, CT 06830---0 NOAH'S LANDING TRACT P1 63935000345 U
SREIT NOAH'S LANDING LLC STARWOOD CAPITAL GROUP 1255 23RD ST NW STE 250 WASHINGTON, DC 20037---0 NOAH'S LANDING TRACT A 63935000028 U
Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA
provided data. The recipient may not transfer this data to others without consent from the CCPA.
Petition: PL20230010984 | Buffer: 500' | Date: 8/15/2023 | Site Location: 00296580004
POList_500
17.D.e
Packet Pg. 1321 Attachment: Attachment 5 - Applicant NIM Documents (27793 : Collier Blvd. Mixed-Use Commerce Center
F in a l P u b lic a tio n D a te
9/2/2023
Ad Number
GCl1097983
Street
7400 Trail BLVD# 200
City
Naples
Publication
naples news
Market
Naples
Delivery Method
Both
Number of Affidavits Needed
1
State
FL
ZIP Code
34108-2855
Your Name
Mark Calago
Email Address
mcalago@gannett.com
Customer Email
emblidge@abbinc.com
Customer Name
Agnoli Barber Brundage Inc
Customer Phone Number
(239) 597-3111
Customer Address
7400 Trail BLVD# 200
Naples, FL 34108-2855
United States
Account Number (If Known)
531687
Name
Margaret Emblidge
17.D.e
Packet Pg. 1322 Attachment: Attachment 5 - Applicant NIM Documents (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
PART OFTHE USA TODAY NETWORK
Published Daily
Naples, FL 3411 0
A G N O LI B A R B E R B R U N D A G E IN C
74 00 T R A IL B LV D #20 0
N A P LE S , F L 34 10 8
A T T N M A R G A R E T E M B LI D G E
Affidavit of Publication
STATE OF WISCONSIN
COUNTY OF BROWN
B efo re the u nd e rsigned a uth o rity p e rso na lly a ppeared,
w ho on o ath says that h e o r she is the Lega l C oordinator
o f the N a ples D a ily N ew s, published in C o llie r C o unty,
F lorida ; that the att ached copy o f a dvert isem e nt, b eing a
P U B LI C N O T IC E , w as p ub lished o n the p ub licl y
a ccessible w ebsite o f C o llier a nd L ee C o unties, F lo rid a ,
o r in a new spape r by p rint in the issues of, o n :
lssue(s) dated: 9/2/2023
A ffi a n t furt he r says that th e w ebsite o r new spape r
com p lies w ith all legal requirem e nts fo r p ub lication in
cha pter 50 , Florida S tatu tes.
S ub scribed and sw orn to b efo re m e , by the lega l cl erk,
w h o is pe rsona lly K now n to m e , on S e ptem ber 2 nd , 2 02 3:
~~~
Notary, State of W I, County of Brown
My commission expires: /- 7-~
KATHLEEN ALLEN
Notary Public
State of Wisconsin
Publication Cost: $1,008.00
Ad No: GCI 1097983
Customer No: 531687
PO#: Public Notice - DISPLAY AD 3X10
# of Affidavits: 1
This is not an invoice
17.D.e
Packet Pg. 1323 Attachment: Attachment 5 - Applicant NIM Documents (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
Professional Engineers, Planners & Land Surveyors
7400 Trail Boulevard, Suite 200, Naples, FL 34108 Phone (239) 597-3111 Fax: (239) 566-2203
MEMORANDUM
Date: September 22, 2023
To: Eric Ortman, Collier County
From: Margaret Emblidge, AICP, Planning Director
Elise Wilcox, Project Coordinator
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
Wednesday, September 20, 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
• Elise Wilcox of ABB
• Eric Ortman of Collier County
• Ross McIntosh representing Habitat for Humanity
• 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.
17.D.e
Packet Pg. 1324 Attachment: Attachment 5 - Applicant NIM Documents (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
• This amendment seeks to increase the maximum allowable building height to
accommodate the 4 stories previously approved, from 35 feet to 55 feet zoned height
and 58 feet to 65 feet actual height for Phase 2 only. No additional dwelling units are
requested.
• 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.Ortman@colliercountyfl.gov
There were no attendees from the public.
17.D.e
Packet Pg. 1325 Attachment: Attachment 5 - Applicant NIM Documents (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
17.D.e
Packet Pg. 1326 Attachment: Attachment 5 - Applicant NIM Documents (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
MAGNOLIA POND
PLANNED UNIT DEVELOPMENT
AMENDMENT
AKA Collier Boulevard Mixed Use Commerce Center
Neighborhood Information Meeting
September 20, 2023
1
17.D.e
Packet Pg. 1327 Attachment: Attachment 5 - Applicant NIM Documents (27793 : Collier Blvd. Mixed-Use Commerce Center
Magnolia Pond PUDA
Location Map
2
17.D.e
Packet Pg. 1328 Attachment: Attachment 5 - Applicant NIM Documents (27793 : Collier Blvd. Mixed-Use Commerce Center
MAGNOLIA POND
RESIDENTIAL DEVELOPMENT
•Magnolia Pond is a subset of the Collier Blvd. Mixed Use Commerce Center
originally approved in 2001.
•Phase 2 (subject property) of the residential portion of the Collier Boulevard Mixed
Use Commerce was recently approved for an increase in building height specifically
for two, four story buildings.
•Based on the engineering and architectural design criteria it was determined that
additional height, beyond what was recently approved, was needed pursuant to
the factors involved in Collier County’s measurement of height. Those factors can
include the established finished floor, slopes to the sidewalks, ceiling heights, roof
lines, elevation of the crown of the roads.
•This amendment seeks to increase the maximum allowable building height to
accommodate the 4 stories previously approved, from 35 feet to 55 feet zoned
height and 58 feet to 65 feet actual height for Phase 2 only. No additional dwelling
units are requested.
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Packet Pg. 1329 Attachment: Attachment 5 - Applicant NIM Documents (27793 : Collier Blvd. Mixed-Use Commerce Center
4 Story Building Elevation
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Packet Pg. 1330 Attachment: Attachment 5 - Applicant NIM Documents (27793 : Collier Blvd. Mixed-Use Commerce Center
Magnolia Pond Approved Site Plan
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Packet Pg. 1331 Attachment: Attachment 5 - Applicant NIM Documents (27793 : Collier Blvd. Mixed-Use Commerce Center
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@colliercountyfl.gov
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Packet Pg. 1332 Attachment: Attachment 5 - Applicant NIM Documents (27793 : Collier Blvd. Mixed-Use Commerce Center
Magnolia Pond PUDA
QUESTIONS?
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Packet Pg. 1333 Attachment: Attachment 5 - Applicant NIM Documents (27793 : Collier Blvd. Mixed-Use Commerce Center
Attachment 6
Legal Ad and Sign Posting
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Packet Pg. 1334 Attachment: (Legal Ad Pending) Attachment 6 - Legal Ad and Sign Posting (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
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Packet Pg. 1335 Attachment: (Legal Ad Pending) Attachment 6 - Legal Ad and Sign Posting (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
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Packet Pg. 1336 Attachment: (Legal Ad Pending) Attachment 6 - Legal Ad and Sign Posting (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
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Packet Pg. 1337 Attachment: (Legal Ad Pending) Attachment 6 - Legal Ad and Sign Posting (27793 : Collier Blvd. Mixed-
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Packet Pg. 1338 Attachment: (Legal Ad Pending) Attachment 6 - Legal Ad and Sign Posting (27793 : Collier Blvd. Mixed-
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Packet Pg. 1339 Attachment: legal ads - agenda ID 27793 (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
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Packet Pg. 1340 Attachment: legal ads - agenda ID 27793 (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
17.D.g
Packet Pg. 1341 Attachment: legal ads - agenda ID 27793 (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)
17.D.gPacket Pg. 1342Attachment: legal ads - agenda ID 27793 (27793 : Collier Blvd. Mixed-Use Commerce Center PUDA)