Ordinance 2013-65ORDINANCE NO. 13- 6 5
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS FOR A
PROJECT PREVIOUSLY KNOWN AS THE COCOHATCHEE
RIVER TRUST PLANNED UNIT DEVELOPMENT (PUD)
WHICH IS HENCEFORTH TO BE KNOWN AS THE BAY
HOUSE CAMPUS CPUD, TO REMOVE THE SPECIAL
TREATMENT OVERLAY AND TO ALLOW 400 SEATS OF
RESTAURANT /COCKTAIL LOUNGE, A 50 ROOM HOTEL OR
MOTEL, AND 4,500 SQUARE FEET OF GROSS FLOOR AREA
OF ACCESSORY RETAIL USES INCLUDING A CULINARY
SCHOOL, SPECIALTY RETAIL AND RESTAURANT/BREW
HOUSE ON PROPERTY LOCATED IN SECTION 21,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 8.67 +/- ACRES; PROVIDING FOR
THE REPEAL OF ORDINANCE NUMBER 88 -30, THE
COCOHATCHEE RIVER TRUST PUD; AND BY PROVIDING
AN EFFECTIVE DATE. (PUDZ- A- PL20120001593]
WHEREAS, Alexis Crespo, AICP of Waldrop Engineering, P.A. representing Bay House
Campus, LLC, petitioned the Board of County Commissioners of Collier County, Florida, to
repeal Ordinance 88 -30, the Cocohatchee River Trust Planned Unit Development, and rezone the
subject property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 21,
Township 48 South, Range 25 East, Collier County, Florida, is changed from a Planned Unit
Development (PUD) zoning district to a Commercial Planned Unit Development (CPUD) zoning
district for a project to be known as the Bay House Campus CPUD, and the Special Treatment
Overlay, is removed to allow 400 seats of restaurant/cocktail lounge, a 50 room hotel or motel
and 4,500 square feet of gross floor area of accessory retail uses including a culinary school,
specialty retail and restaurant/brew house in accordance with the Bay House Campus CPUD
attached hereto as Exhibits "A" through "F" and incorporated by reference herein. The
Bay House Campus CPUD Page 1 of 2
PUDZ- A- PL20120001593 — rev. 10/8/13
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appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended,
the Collier County Land Development Code, is /are hereby amended accordingly.
SECTION TWO:
Ordinance Number 88 -30, known as the Cocohatchee River Trust Planned Unit
Development is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super - majority vote of the Board of County
Commissioners of Collier County, Florida, this ' day of Ut.,61. -, 2013.
ATTEST:
DWIGHT E. °BkOCK, CLERK
By:
De�u Cl
Attest as to "n's
signature only.
Approved as to form and legality:
Heidi Ashton -Cicko
Managing Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
C I R COUNTY, FLORIDA
By:
Attachments: Exhibit A — List of Permitted Uses
GEORGIA A. HILLER, ESQ.
Chairwoman
Exhibit B
— Development Standards
Exhibit C
— Master Plan
Exhibit D
— Legal Description
Exhibit E —
List of Requested Deviations
Exhibit F —
Development Commitments
12- CPS -01191 X26
This ordinance filed with the
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and acknowledgefpt fgf that
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By.
Bay House Campus CPUD Page 2 of 2
PUDZ- A- PL20120001593 —rev. 10/8/13
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EXHIBIT A
LIST OF PERMITTED USES
BAY HOUSE CAMPUS CPUD
PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other
than the following, as limited by Section III of this Exhibit A:
I. Campus Tract
A. Principal Uses and Structures:
1. Hotel, motel and transient lodging — maximum of 50 rooms (Group 7011)
2. Eating establishments (Group 5812) — maximum of 400 seats
Any other principal and related use that is determined to be comparable to the foregoing by the Hearing Examiner
or Board of Zoning Appeals pursuant to the process outlined in the Land Development Code (LDC).
B. Accessory Uses:
1. Boats (All subject to LDC Section 5.03.06):
Boat rental
Boat slips (limited to 9 slips)
Kayak and canoe launch
Kayak and canoe storage
2. Two (2) caretaker's residences (subject to LDC Section 5.03.05)
3. School, commercial (Group 8299). Limited to culinary school accessory not to exceed 4,500 square feet.
4. Uses and structures that are accessory and incidental to the principal hotel and restaurants uses,
including but not limited to the following recreational, retail and personal service uses: administrative
offices, ATM (automatic teller machine), apparel and accessory stores, barber shops (excluding barber
schools), beauty shops (excluding beauty schools), boardwalks and nature trails, book stores, camera &
photographic supply stores, child day care services, drugstore, drinking establishments (excluding bottle
clubs), educational kiosks and shelters, entry gates & gatehouse, essential services, fences, walls, food
store, florists, gift and souvenir shop, jewelry store, museum & art galleries, parking lot, personal service
establishments, entertainment facilities, and meeting rooms and auditoriums, physical fitness facilities,
recreational uses and facilities, including swimming pools, tennis courts, volleyball courts, chickees
huts /bars, and gazebos.
Any other accessory use and related use that is determined to be comparable to the foregoing by the Hearing
Examiner or Board of Zoning Appeals, pursuant to the process outlined in the Land Development Code (LDC).
Accessory uses are for the exclusive use of hotel and restaurant patrons and shall not be advertised to the public via
on -site or off -site signage, with the exception of the culinary school, which is open to the public and may be
advertised in accordance with the LDC and the provisions of the PUD stated herein.
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II. Preserve Tract
A. Principal Uses & Structures
Passive recreational uses limited to the following, as long as any clearing required to facilitate the uses
does not impact the minimum required preserve.
1. Boardwalks and nature trails (excluding asphalt paved trails)
2. Benches for seating
3. Educational kiosks
4. Signs
5. Viewing platforms
6. Water management facilities
7. Inclement weather shelters without walls
8. Any other preserve and related open space activity or use which is comparable in nature with the
foregoing uses and which the Hearing Examiner or Board of Zoning Appeals determines to be
compatible with the preserve area.
III. Development Intensity
Development intensity is limited to a 50 -room hotel, 400 -seat restaurant(s) /cocktail lounge(s), and 4,500 square
feet of accessory commercial uses within the CPUD. Accessory uses for the exclusive use of hotel and restaurant
patrons are not subject to the 4,500 square foot limitation. The gross project area is 8.67 ± acres. No residential
density is permitted, except for the caretakers residences.
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EXHIBIT B
DEVELOPMENT STANDARDS
BAY HOUSE CAMPUS CPUD
Development of the Bay House Campus CPUD shall be in accordance with the contents of this Ordinance and applicable
sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order,
such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work
authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then
the provisions of the most similar district shall apply.
Table I below sets forth the development standards for land uses within the Bay House Campus CPUD. Standards not
specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval
of the SDP or subdivision plat.
TABLE
DEVELOPMENT STANDARDS
PERMITTED USES AND STANDARDS
Principal Structures
Accessory Structures
Min. Lot Area
N/A
N/A
Min. Lot Width
N/A
N/A
SETBACKS (EXTERNAL)
From US 41 R -O -W
40 ft.
25 ft.
From Walkerbilt Rd. R -O -W
40 ft.
25 ft.
Cocohatchee River
30 ft.
0 ft.
Western Property Line
50 ft.
SPS
SETBACKS (INTERNAL)
Internal Access Easements
15'
SPS
Side
10'
5'
Rear
15'
10'
Preserves*
0'/25'
0'/10'
Min. Distance Between Structures
30'
5'
MAXIMUM BUILDING HEIGHT
Zoned
50'
35'
Actual
75'
45'
SPS= Same as Principal Structure
*0' setback is permitted for fences or retaining walls permitted as part of the stormwater management system,
pathways, and other structures allowed within the preserves tract pursuant to Exhibit A and LDC Sec. 3.05.07.H.1.h.iii
BAY HOUSE CAMPUS — PUDZ- A- PL2012 -1593 Page 3 of 8
Last Revised: October 8, 2013
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EXHIBIT C - CPUD MASTER PLAN
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BAY HOUSE CAMPUS — PUDZ- A- PL2012 -1593 Page 4 of 8
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EXHIBIT D
LEGAL DESCRIPTION
BAY HOUSE CAMPUS CPUD
BEING ALL OF TRACT 1, BAY HOUSE REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 50,
PAGES 14 AND 15 TOGETHER WITH ALL OF TRACTS 2 AND 3, COCOHATCHEE RIVER TRUST P.U.D., ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 18, PAGES 97 AND 98 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA. ALL LYING WITHIN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA.
CONTAINING 377,623 SQUARE FEET OR 8.67 ACRES, MORE OR LESS.
BAY HOUSE CAMPUS — PUDZ- A- PL2012 -1593 Page 5 of 8
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C )
EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC
BAY HOUSE CAMPUS CPUD
Deviation No. 1: Deviation from LDC Section 4.04.02 which requires all commercial projects to provide interconnections
and shared access to adjacent properties. The requested deviation is to allow for the existing interconnections to the
commercial retail property to the southeast only, as shown on the CPUD master plan.
Deviation No. 2: Deviation from LDC Section 4.05.04.1-1, which requires 218 parking spaces based upon the proposed
mix of principal and accessory uses, to allow for a 10% reduction to required parking spaces for the project. The number
of required parking spaces is subject to change at the time of SDP or PPL based upon final square footage of uses.
Deviation No. 3: Deviation from LDC Section 5.04.06.A.3.d, which allows temporary signs on nonresidential or mixed use
properties up to 32 square feet in area and 8 feet in height. The requested deviation is to allow a temporary sign or
banner up to 48 square feet in area and a maximum of 12 feet in height. The sign shall be limited to 28 calendar days per
year.
Deviation No. 4: Deviation from LDC Section 5.06.04.G.2.a, which allows off - premise directional signage up to 12 square
feet in size. The requested deviation is to allow for one (1) off - premise directional signage up to 16 square feet in size.
Deviation No. 5: Deviation from LDC Section 6.06.02.A.2, which requires developments to provide 5' -wide sidewalks on
both sides of private rights -of -way or easements internal to the site. The requested deviation is to allow a 5' -wide
sidewalk on the northern side of the easement that connects the development area to US 41.
Deviation No. 6: Deviation from LDC Section 5.05.08.F, which prohibits project sites with more than one building where
the aggregate gross building area is 20,000 square feet or more from undergoing the administrative determination of
deviation process, to allow the project site to qualify for administrative determination of deviations where the aggregate
gross building area is 70,000 square feet.
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EXHIBIT F
DEVELOPMENT COMMITMENTS
BAY HOUSE CAMPUS CPUD
1. PURPOSE
The purpose of this Section is to set forth the general development commitments for the project. One entity
(hereinafter the Managing Entity) shall be responsible for PUD monitoring until close -out of the PUD, and this
entity shall also be responsible for satisfying all PUD commitments until close -out of the PUD. At the time of this
PUD approval, the Managing Entity is Bay House Campus, LLC. Should the Managing Entity desire to transfer the
monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document
that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing
Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor
entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall
provide written notice to County that includes an acknowledgement of the commitments required by the PUD
by the new owner and the new owner's agreement to comply with the Commitments through the Managing
Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is
closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD
commitments.
2. PUD MASTER PLAN
Exhibit "C ", PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed area,
lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at
any subsequent approval phase such as final platting or site development plan approval in accordance with the
LDC.
3. UTILITIES
3.1 The project shall connect to the Collier County Water Sewer District ( CCWSD) potable water system at a
location determined by CCWSD when capacity is available.
3.2 The project shall connect to the CCWSD wastewater collection and conveyance system at a location
determined by CCWSD when capacity is available.
4. TRANSPORTATION
4.1 The developer, its successors or assigns shall provide a fair share contribution toward the
capital costs of traffic signals on U.S. 41 at the project access and at Walkerbilt Road if and
when deemed warranted by Collier County. The signals shall be owned, operated and
maintained by Collier County.
4.2 The developer, its successors or assigns shall be responsible for required improvements to
Walkerbilt Road, including widening, as warranted by County land development regulations for
this roadway to accommodate the traffic for this project and shall be initiated within 90 days of
the County's request, as applicable. Walkerbilt Road improvements, if warranted shall be
BAY HOUSE CAMPUS — PUDZ- A- PL2012 -1593 Page 7 of 8
Last Revised: October 8, 2013
0011
permitted as part of a Development Order improvement process (PPL or SDP), or approved as a
Right -of -Way Permit.
5. ENVIRONMENTAL
5.1 The project shall provide a minimum of 1.64 acres of on -site native habitat preservation in compliance
with the Growth Management Plan. Any clearing required to facilitate passive recreational uses shall
not impact the minimum required preserve.
5.2 Little Blue Heron, Snowy Egret, and White Ibis have been documented on the property. Management
plans for these species shall be submitted in accordance with the procedures and requirements of the
Land Development Code.
6. ARCHAEOLOGY & HISTORICAL RESOURCES
6.1 A certified archaeologist shall be on -site during excavations.
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FLORIDA DEPART MENT dSTATE
RICK SCOTT
Governor
December 16, 2013
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101 -3044
Attention: Martha Vergara, Deputy Clerk
Dear Mr. Brock:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 13 -65, which was filed in this office on December 16,
2013. —
Sincerely,
Liz Cloud
Program Administrator
LC /elr
Enclosure
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us