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Agenda 04/12/2011 Item #17B 4/12/2011 Item 17.B. EXECUTIVE SUMMARY PUDA-PL2010-854, Naples Daily News BPPUD, an OI'dinance of the Board of County Commissioners of Collier County amending Ordinance No. 06-49, the Naples Daily News Business Park Planned Unit Development (BPPUD), located at 1100 Immokalee Road, by amending Section 2.9 of 06-49 to allow a change in the plant materials in the landscape buffer; and providing an effective date. OBJECTIVE: To have the Board of County Commissioners (BCC) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this PUD amendment petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The purpose of this petition is for a minor amendment to Ordinance number 06-49, the Naples Daily News BPPUD, to allow an additional tree type in a landscape buffer. - At the time of approval of the original Naples Daily News BPPUD. an agreement was made between the applicant (Naples Daily News) and two other entities: the Bay Colony Golf Club, Inc. and The Estates at Bay Colony Golf Club Neighborhood Association. The parties had agreed to specific types of trees that were to be placed within a landscape buffer between the BPPUD and their developments. Since that time, the two Bay Colony entities have requested changes to the types of trees that are to be installed and a new agreement has been entered into. A copy of the agreement is attached to the Staff Report, (See Attachment B: Letter of Agreement.) This PUD amendment is necessary because the new agreement is in conflict with the original landscape buffer requirement stated in PUD Section 2.9. The following text shows the current PUD text and changes to that text. Text that is struck through is deleted and text that is underlined is text to be added to PUD Section 2.9 D.: 2.9 LANDSCAPE BUFFERS. BERMS. FENCES AND WALLS Landscape buffers, benns, fences and walls are generally permitted as a principal use throughout the Naples Daily News BPPUD, The following standards shall apply: D The developer will supplement the existing ficus hedge which presently serves as a buffer between the proposed BPPUD and tfle- The Estates at Bay Colony Dovelopmeat witR &0 live oak trees 12 feet high ',vith a minimum spread of 6 feet at tRE time of planting. i\dditionally these oak tree:; will be supplemented with ficus -- PUDA-PL201 Q-AR-854 - NAPLES DAILY NEWS BPUD March 18,2011 Page 1 of 3 Packet Page -2650- 4/12/2011 Item 17.8. trees, to the extern the Cotmty will allow the use of tieus trees, to create an opaque buffer. The developer agrees to .,york witH tHe Bay Colony Property' OWl'lers'Golf Club Neie:hborhood Association to gain County approval for the use of the tieus tree&-, Inc. and the Bav Colonv Golf Club, Inc. ("Bav Colonv") with eie:hty (80) Clusia rosea trees with a size of at least twenty-five (25) e:allon containers to be ulanted as desie:nated bv Bav Colonv. The supplementary oak and tieasClusia ~ trees will be located in the buffer area at5eld selected locations between the Creekside POO on the east and the point on the west where the buffer turns south, This distance is approximately eleven hundred (IJ 00) feet. In the event that the ficus hedge isand/or Clusia rosea trees are damaged by a windstorm to the extent of a reduction in the opaque value of 50% or more, the developer agrees to rcplacerestore bv reulacement or resettine:. whichever is appropriate, any of the &0 liw oak trees Clusia rosea (installed above and install} or reset the ficus trees as necessary(existine:) within the eleven hundred 0,100) foot area, with the intent to restore the buffer as close to its pre-storm condition as reasonably possible considering the availability of tree materials at the time of the restoration, The replacement or resettine: of the trees will be for a total of one hundred sixty (160) trees. Whether the restoration will be with Clusia rosea or ficus trees or both will be at the discretion of Bav Colonv. Developcr shall be relieved of anv further oblie:ation or responsibility to restore thc buffer after the initial replacement or resettine: has occurred. After the initial replacement or rescttine: of the onc hundred sixty (160) trees has occurred. Bav Colonv mav, in its sole discretion, replace or reset any of said trees. The petitioner is proposing an amendmcnt Ordinance No. 06-49, the Naples Daily News BPPUD instead of adopting a new PUD by Ordinance and repealing that Ordinance, FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits 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 adopted Level of Service (LOS) for public facilities. Additionally, in order to l11eet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances, Other fees collected prior to issuance of a building pemlit include building pennit review fees. Finally. additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements, Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Coml11ission to analyze this petition. PUDA-PL201 O-AR-854 - NAPLES DAILY NEWS SPUD March 18, 2011 Page 2 of 3 Packet Page -2651- 4/12/2011 Item 17.8, GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element: Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element. A more detailed description of the GMP consistency is contained in the Staff Report. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition PUDA-PL2010-854- Naples Daily News BPPUD on March 17,2011, and by a vote of 9 to 0 recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval. LEGAL CONSIDERATIONS: This item has been reviewed for legal sufficiency by the County Attorney's office and is legally sufficient. Four affirmative votes are required for this item's passage.-STW RECOMMENDATION: Staff recoml11ends that the Board of County Commissioners approve the request for PUDA- PL20l 0-854---Naples Daily News BPPUD, PREPARED BY: Nancy Gundlach, AlCP, Principal Planner, Department of Land Development Services Attachments: I) Staff Report 2) Application 3) Ordinance PUDA-PL2010-AR-854 - NAPLES DAILY NEWS BPUD March 18. 2011 Page 3 of 3 Packet Page -2652- 4/12/2011 Item 17.B. COLLIER COUNTY Board of County Commissioners Item Number: 17.B. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in, PUDA-PL2010-854, Naples Daily News BPPUD, an ordinance of the Board of County Commissioners of Collier County amending Ordinance No, 06-49, the Naples Daily News Business Park Planned Unit Development (BPPUD), located at 1100 Immokalee Road, by amending Section 2.9 of 06-49 to allow a change in the plant materials in the landscape buffer; and providing an effective date. Meeting Date: 4/12/2011 Prepared By Name: GundlachNancy Title: Planner, Principal, Comprehensive Planning 3/16/2011 4:29:] 2 PM Approved By Name: LorenzWilliam Title: Director - CDES Engineering Services, Comprehensive Date: 3/2]/2011 ]0:43:5] AM Name: PuigJudy Title: Operations Analyst. CDES Date: 3/21/2011 10:47:14 AM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 3/22/20]] 6:18:10 PM Name: FederNonnan Title: Administrator - Growth Management Div,Transportati Date: 3/23/20 \1 10:41: lOAM Name: Willial11sSteven Title: Assistant County Attorney.County Attorney Packet Page -2653- 4/12/2011 Item 17.8. Date: 3/23/20 I I 3: 19:30 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 3/24/20]] 9:50:22 AM Name: KlatzkowJeff Title: County Attorney, Date: 3/28/2011 12:05:31 PM Name: lsacksonMark Title: Director-Corp financial and Mgl11t Svs,CMO Date: 4/4/20 II 11 :54:00 AM Nal11e: OchsLeo Title: County Manager Date: 4/4/2011 2:33:23 PM Packet Page -2654- 4/12/2011 Item 17. B. Co~~<.?ounty - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF LAND DEVELOPMENT SERVICES, GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: MARCH 17,2011 SUBJECT: PETITION PUDA-PL201O-854, NAPLES DAILY NEWS BPPUD (BUSINESS PARK PLANNED UNIT DEVELOPMENT) APPLICANT/AGENT: Scripps Media, Inc. D/B/A Naples Daily News 1100 Immokalee Road Naples, FL 34110 Mr. R. Bruce Anderson, Esquire Roetzel & Andress 850 Park Shore Drive Trianon Centre, Third Floor Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an amendment to the Naples Daily News BPPUD to allow a change in the plant materials in the landscape buffer and to provide an effective date. GEOGRAPHIC LOCATION: The Naples Daily News BPPUD is located on the south side of Immokalee Road (CR 846), approximately ',4 mile east of Tamiami Trail North (US 41 North), in Section 27, Township 48 South, Range 25 East, Collier County, Florida. (See the location map on following page.) PURPOSE/DESCRIPTION OF PROJECT: The purpose of this petition is for a minor amendment to Ordinance number 06-49, the Naples Daily News BPPUD, to allow an additional tree type in a landscape buffer. At the time of approval of the original Naples Daily News BPPUD, an agreement was made between the applicant (Naples Daily News) and two other entities: the Bay Colony Golf Club, Inc. and The Estates at Bay Colony Golf Club Neighborhood Association. The parties had agreed to Naples Oaily News BPPUD, PUDA-PL2010-854 February 21. 2011 0__... i _,.... Packet Page -2655- \:" ! "0,,- g~i!"(~ <>1 ,I L__' ,I . ;--v--- I '_/l_~_ _i '--:16 ~~r-- ~ I':-II!~=-- 'I.:'-~' . 183':--11- , ~' I I - : -- Ii I, " , '~. f "';<'< -';-", "'I" ~ " ~ii '!(1<, " c- oo' 0.1 " 01 .~- li- , ~ c i z " 0 I u 0 w w ~ r_TII.lIl. (U.S."I ~~~ ti I 1',' ~.' ~rl2 ..,3 'I !!l ,! I ! I , I i'C"E>crlOI:I >- ~ ~--- ~ ~ I ! ,1__ : L'l' ' gt----- ~__ . i G~ I~" i . 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" Z o f- >- W Cl. :1, , a.. <( ~ z o I- <( U o ...J """ -- ~ N -- N o ~ -" .0 3 ~ -..J OJ ._~-- ... __. _0. ~..=~ 'DttIt/IfU6N nmt U7.mt _\liI":":r-- ---~ ,~.~~- ~_eft':--- __t -'.. . --- -- - - --- -- .:--- _~-'!r.. --- - , j I' ,r. . , II I F:ry:-=-'o- I' i ,r:;:::::::::::::::::>::::::I~I! .' ~ 1'/:-<:::-::::-: .;;.::::::-: : ! fl 1:}:::::::<:"S::::::::.:: I~ I 0..,".... ,... :::..,.'11 .. ~~~~il1ti~-'~'~. , II .1 . , iI II I r', I lit ~ ~ ~ .. .. t ..", ~ m'" w ! w u ll;; z ~ in .. ~: .. " ~i m . C. ~ ~ -- -J. N N 0 -J. -J. ~ . ;::;: ., 5 ~ CD 3 DO -J. -,.,~- :--J CD -~.~.~ '"-..- - -- 4/12/2011 Item 17.8. specific types of trees that were to be placed within a landscape buffer between the BPPOO and their developments. Since that time, the two Bay Colony entities have requested changes to the types of trees that are to be installed and a new agreement has been entered into, A copy of the agreement is attached. (See Attachment B: Letter of Agreement.) This POO amendment is necessary because the new agreement is in conflict with the original landscape buffer requirement stated in PUD Section 2,9. The following text shows the current POO text and changes to that text. Text that is struck through is deleted and text that is underlined is text to be added to POO Section 2.9 D.: 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and waIls are generally permitted as a principal use throughout the Naples Daily News BPPOO. The following standards shall apply: n The developer will supplement the existing ficus hedge which presently serves as a buffer between the flFefle~ca BPPOO and the-The Estates at Bay Colony Develef'lFAeAt ',VitA 80 live eal( trees 12 feet Aigh witR 11 FAiAiFAI:JFA sf'lFeaa of 6 fect at tRt tiFRC af FJlaRtiAg. AasitioAally these oal( trees will Be St:Jl9l9lcFACROCa ~~:itR ficus trees, to the ClffeRt the County will aile...... tAe usc of RCl:IS tr-ees, to CFeat-e aR eflaEjl:Jc Buffer, Thc developer a!lrccs ta warl( witA the Bay CalaR)' Praf'lcft)' OWAcFS'Golf Club Neiahborhood Association to gain CeuRI:)' af'lf'll'6\'al rer tRe I:Jse af the RCI:JS trees-.-. Inc. and the Bay Colony Golf Club. Inc. ("BaY Colony") with eiahtv (SO) Clusia rosea trees with a size of at least twentv-fiye (25) aallon containers to be Dlanted as designated by Bay Colony. The supplementaryeak aRe RCl:JsClusia rosea trees will be located in the buffer area at field selected locations between the Creekside POO on the east and the point on the west where the buffer turns south. This distance is approximately eleven hundred 0,100) feet In the event that the ficus hedge isand/or Clusia rosea trees are damaged by a windstorm to the extent of a reduction in the opaque value of 50% or more, the developer agrees to FCf'llaeerestore by reDlacement or resettina, whichever is appropriate, any of the 80 live oak I:FCcs Clusia rosea (installed aea'/e aRe iRstall) or rcset thc ficus trees as Rec-cssary(existina) within the eleven hundred (1100) foot area. with the intent to restore the buffer as close to its pre-storm condition as reasonably possible considering the availability of tree materials at the time of the restoration. The reDlacement or resettina of the trees will be for a total of one hundred sixty (160) trees. Whether the restoration will be with Clusia rosea or ficus trees or both will be at the discretion of Bay Colony. Deyelooer shall be relieved of any further obliaation or resDonsibilitv to restore the buffer after the initial reDlacement or resettina has occurred. After the initial reDlacement or resettina of the one hundred sixty (160) trees has occurred. BaY Colonv may. in its sole discretion. reDlace or reset any of said trees. Naples Daily News BPPUD, PUDA-PL2010-854 February 21,2011 PaoA4of 11 Packet Page -2658- 4/12/2011 Item 17.8. SURROUNDING LAND USE AND WNING: North: Collier Tract 22 PUD (Planned Unit Development) East: Creekside CPUD (Commercial Planned Unit Development) and Pelican Marsh PUD South: Pelican Marsh PUD West: Pelican Marsh PUD and Granada Shoppes PUD AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element: The subject property is located within the Urban designated area (Urban - Urban Mixed Use District, Urban Residential Subdistrict) as identified on the countywide Future Land Use Map of the Growth Management Plan (GMP), Within this designation is a text- based provision known as the Business Park Subdistrict. The Board of County Commissioners approved the subject Planned Unit Development (PUD) in 2006 (Ordinance number 2006-49) in accordance with that Subdistrict. The proposed amendment only modifies a landscape buffer, primarily to change the type of tree planting required; such is not a specific requirement of the Subdistrict. There are no proposed changes that affect uses or other requirements and limitations of the Business Park Subdistrict. Naples Daily News BPPUD, PUDA.PL2010-854 February 21,2011 PAnA ~ nf 11 Packet Page -2659- 4/12/2011 Item 17.8. GMP Conclusion: Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element (FLUE). ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Sections 10.02.13 and 1O.02.13.B,5 of the Collier County Land Development Code and required Staff evaluation and comment. The staff evaluation establishes a factual basis to support the recommendations of staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. Environmental Review: Environmental Services Staff reviewed this petition and determined that the proposed amendment will not have any impact on environmental issues. Similarly, the Environmental Advisory Council did not review this petition because the proposed changes do not have any impact on environmental issues. Transportation Review: Transportation Department Staff has reviewed this petItIOn and has determined that the proposed amendment will not have any transportation impact. Zoning and Land DeveloDl11ent Review: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved, as it relates to the requirement or limitations set forth in the FLUE of the GMP. The proposed change as noted previously is minor - to allow a change in the plant materials in the landscape buffer. REWNE FINDINGS: LDC Subsection 10.03.05.1. states, "When pertammg 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 proposed change in relation to the following when applicable," Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as. also noted below: Rezone findings are designated as RZ and PUD findings are designated as PUD. (Staffs responses to these criteria are provided in non-bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and futnre land use map and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed PUD amendment is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP), Naples Oaily News BPPUO, PUDA-PL2010-854 February 21, 2011 p~,.,,:.~....f 11 Packet Page -2660- 4/12/2011 Item 17,8. 2. The existing land use pattern. This amendment will not affect the existing land use pattern. The existing land use pattern will remain the same. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Not applicable. The districts are existing and established. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Not applicable. The districts are existing and established. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. As previously stated, this amendment is necessary because a new landscape buffer agreement is in conflict with the original landscape buffer requirement stated in PUD Section 2.9. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The amendment will allow for an additional tree type in the landscape buffer between the Naples Daily News BPPUD and Pelican Marsh PUD. Therefore, Staff is of the opinion that the proposed change will not adversely impact the 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. The proposed amendment will not adversely impact traffic circulation. 8. Whether the proposed change will create a drainage problem. The proposed amendment will not affect drainage. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change to the tree type in the landscape buffer between a portion of the Naples Daily News BPPUD and Pelican Marsh PUD will not reduce light and air to adjacent properties. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD amendment will not adversely impact property values. Naples Daily News BPPUD, PUDA-PL2010-854 February 21, 2011 P~/'U::' 7"f 11 Packet Page -2661- 4/12/2011 Item 17.8. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The adjacent properties as well as existing properties will continue to be developed in accordance with the existing PUD regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed PUD amendment does not constitute a grant of special privilege. In addition, this PUD is consistent with the FLUE, 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. Without the PUD amendment there cannot be a change to the tree type in the landscape buffer as desired by the Naples Daily News and two other entities: the Bay Colony Golf Club, Inc. and The Estates at Bay Colony Golf Club Neighborhood Association. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Staff is of the opinion that the proposed PUD amendment is not out of scale with the needs of the neighborhood. 15. Whether it is impossible to fmd other adequate sites in the county for the proposed use in districts already permitting such use. Not applicable. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Not applicable. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities for and the project. It must be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that no Level of Service will be adversely impacted. Naples Oaily News BPPUD, PUDA-PL2010-854 February 21,2011 D",,,,c,Q,...f 11 Packet Page -2662- 4/12/2011 Item 17.8. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Subsection IO.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the POO Master Plan's compliance with the following criteria:" 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. Not applicable. As previously stated, the only change is to allow an additional tree type in a landscape buffer. 2. 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. Documents submitted with the application provided satisfactory evidence of unified control. The POO document and the general LDC development regulations make appropriate provisions for the continuing operation and maintenance of common areas. ' 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The currently approved development, landscaping and buffering standards were determined to be compatible with the adjacent uses and with the use mixture within the project itself when the POD was approved. Staff believes that this amendment will not change the project's internal or external compatibility. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Naples Daily News BPPUD, PUDA-PL2010-854 February 21. 2011 0"""'0 a....~ 11 Packet Page -2663- 4/12/2011 Item 17.8. The existing open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Not applicable. As previously stated, the only change is to allow an additional tree type in a landscape buffer. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Not applicable. As previously stated, the only change is to allow an additional tree type in a landscape buffer. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Not applicable. As previously stated, the only change is to allow an additional tree type in a landscape buffer. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant duly noticed and held the required meeting on February 2, 2011 at 5:30 p.m. at the Naples Daily News, 1100 Immokalee Road, Naples, Florida. There were no members of the public in attendance at the meeting. Synopsis provided by Nancy Gundlach, AICP, Principal Planner. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Petition PUDA-PL201O-854, revised on February 22, 2011. RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDA-PL2010-854 to the Board of County Commissioners with a recommendation of approval of this amendment. Naples Daily News BPPUD. PUDA.PL201()..854 February 21, 2011 Page 10 of 11 Packet Page -2664- 4/12/2011/tem 17.8. RlmPARED BY: , AICP, PRINCIPAL PLANNER LAND DEVELOPMENT SERVICES 2:71' II DATE REVIEWED BY: ~A~ RAYMO V. BELLO S, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES z/a.J1J I dATE A~b1moR DEPARTMENT OF LAND DEVELOPMENT SERVICES OA,' 2.J.... 20(1 DATE APPROVED BY: "2~ZJ -II DATE N Ov0~ r ~ ~- 11 ~ II DATE MARK . STRAIN, CHAIRMAN Tentatively scheduled for the April 12, 2011 Board of County Commissioners Meeting Attachments: Attachment A: Ordinance Attachment B: Letter of Agreement Naples Daily News BPPUD. PUDA-PL2010-854 February 21, 2011 ...--- ~~ -~ ~~ Packet Page -2665- Co1Mr County - "-""~- - 4/12/2011 Item 17.8, COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.collierqov.net APPLICATION FOR PUBLIC HEARING FOR: IXJ AMENDMENT TO PUD (PUDA) 0 PUD REZONE (PUDZ) o PUD TO PUD REZONE (PUDZ-A) PETITION NO PROJECT NAME DATE PROCESSED To be completed by staff APPLICANT INFORMATION NAME OF APPLlCANT{S) SCRIPPS MEDIA. INC. D/B/A/ NAPLES DAILY NEWS ADDRESS 1100 IMMOKALEE ROAD CITY NAPLES STATE FL ZIP 34110 TELEPHONE # 239 263-4869 CELL # FAX # E-MAIL ADDRESS: TSEWALLI1ilNAPLESNEWS.COM NAME OF AGENT R. BRUCE ANDERSON. ROETZEL & ANDRESS, LPA ADDRESS 850 PARK SHORE DRIVE CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 239649-2708 CELL # FAX # 239261-3659 E-MAIL ADDRESS:BANDERSON@RALAW.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Revised May2010 Packet Page -2666- Co~r County - ~-- -- 4/12/2011 Item 17,8. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONI PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE. NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.collier!!ov.net ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at httD:/lwww.collieraov.net/lndex.asDx?Doae=774 NAME OF HOMEOWNER ASSOCIATION: CREEKSIDE COMMERCE PARK PROPERTY OWNERS ASSOCIATION. INC. MAILING ADDRESS 2600 GOLDEN GATE PARKWAY CITY NAPLES STATE FL ZIP 34105-3227 NAME OF HOMEOWNER ASSOCIATION: THE ESTATES AT BAY COLONY GOLF CLUB NEIGHBORHOOD ASSOCIATION MAILING ADDRESS 10495 GOODLETTE RD CITY NAPLES STATE FL ZIP 34109 NAME OF HOMEOWNER ASSOCIATION: PELICAN MARSH PROPERTY OWNERS ASSOCIATION. INC. ATTN: MR. WAYNE SMITH MAILING ADDRESS 138S WOOD DUCK TRAIL CITY NAPLES STATE FL ZIP 34110 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME Of HOMEOWNER ASSOCIATlON:_ MAILING ADDRESS _ CITY _ STATE _ ZIP _ Revised May201 0 Packet Page -2667- ColM-r County -- ........----- - 4/12/2011 Item 17.8. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION! PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252.2400 FAX (239) 252-6358 www.collierQov.net Disclosure of Interest Information D. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address % of Ownershio NOT APPLICABLE b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address % of Ownership Collier County Publishing LLC (now Scripps Media, Inc.) dba Naples Dailv News is a publicly traded company. See Attached Officers listinq - Exhibit "G" Creekside Commerce Park Property Owners Association, Inc. 2600 Golden Gate Parkaway, Naples, FL 34105-3227 President/Director David K. Borden - Non-Profit corporation- no shareholders. c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address % of Ownership NOT APPLICABLE i Revised May201 0 Packet Page -2668- eorm'r County - ~ ........... 4/12/2011 Item 17.8. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONI PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES. FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.collierllov.net d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address % of OwnershiD Ocean Boulevard Partnership II 2600 Golden Gate Parkway, Suite 200, Naples, FI 34105- 3227 100% Partners Listed Below: The 200 Lamar Gable Grantor Retained Annuity Trust 50.0% 37.5% Cititrust Gift of Naples, Inc. 6.25% Barron G. Collier IV Irrevocable Trust 2.0834% Alexandra E. Collier Irrevocable Trust 2,0833%. Lara C. Collier Irrevocable Trust 2.0833% e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address % of Ownership . Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Rev1Sed May201 0 Packet Page -2669- Co~r County - ~----- ~~ 4/12/2011 Item 17.8. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION! PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES. FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.collierClov.net Date subject property acquired IZJ Acquired DECEMBER 2006 leased 0 Term of lease yrs.fmos. g. If, Petitioner has option to buy, indicate the following: Date of option: _ Date option terminates: _, or Anticipated closing date _ h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed lee:al description of the propertv covered bv the application: (If space is inadequate, attach an separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre- application meeting, NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer.s certification or sealed survey may be required. Secti 0 n IT ownsh i p IRa nge S27 f T48S I R25E Lot: Block: Subdivision: Plat Book _ Page #: _ Property I.D. #: 00168040601.00168046003 Metes & Bounds Description: See attached PUD LEGAL DESCRIPTION Si%e of DroDertv: fl. X _ fl. = Total Sq. Ft. _ Acres+ 35 Address/aenerallocation of subiect r>ror>erlv: PUD District (LDC 2.03.06): 0 Residential 0 Community Facilities IZJ Commercial 0 Ind.,..,.;al Revised May2010 Packet Page -2670- ColMr County - ~ - 4/12/2011 Item 17.8. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONI PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.collierQov.net ADJACENT ZONING AND LAND USE Zoning Land Use Commercial & Residential: Collier Tract 22 N PUD PUD Residential and golf course; Pelican Marsh S PUD PUD Commercial: Creekside Commerce Park, , Residential and golf course; Pelican E PUD Marsh PUD Commercial: Granada Shoppes, Golf W PUD course; Pelican Marsh PUD Does the owner of the subject properly own properly contiguous to the subject properly? If so, give complete legal description of entire contiguous property. (If space is inadequate, a"ach on separate page). Section/Township/Range S27 / T48S / R2SE Lot: Block: Subdivision: Plat Book _ Page #: _ Properly 1.0. #: 00167800004.00168043006 Metes & Bounds Description: _ REZONE REQUEST This application is requesting a rezone from the BPPUD zoning district(s) to the BPPUD zoning district(s). Present Use of the Property: Business Park Proposed Use (or range of uses) of the property: Business Park Original PUD Name: Naale. Dailv News BPPUD Ordinance No.: 2006-49 Revised May201 0 Packet Page -2671- Co~r County - ~--- ~ 4/12/2011 Item 17.8, COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONI PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.collieraov.net EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County land Development 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 noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (lDC Section 10.02.1 3.B) 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 only chanoe is to Dlant materiels for a landscaoe buffer at reauest of adiacent owner. 2. 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. The only chanoe is to olant materials for a londsccoe buffer ot reauest of adiacent owner. 3. 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/adclressing all criteria or conditions of that Sub-district, policy or other provision.) The only chance is to olant materials for a landscaoe buffer at reauest of adiacent owner. 4. The internal and external compatibility of proposed uses, which conclitions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The only chance is to olant materials for a landscaoe buffer at reouest of adiacent owner. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The only chance is to olant materials for a landscaoe buffer ot reauest of odiacent owner. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The only chance is to olant materials for a landscaoe buffer at reauest of adiacent owner. 7. The ability of the subject property and of surrouncling areas to accommodate expansion. The only chance is to olant materials for a landscaoe buffer at reauest of adiacent owner. Revised May2010 Packet Page -2672- Coli., County ~-- - - -- 4/12/2011 Item 17.8, 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.collieraov.net 8. 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. The only chanoe is to olant materials for a landscaoe buffer ot reauest of adiacent owner. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONI PLANNING AND REGULATION Deed Restrielions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. Yau may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use Detitions on the subiect DroDertv: To your knowledge, has 0 public hearing been held on this property within the last year? 0 Yes [g] No If so, what was the nature of that hearing? _ OfficiallnterDretations or Zonina Verifications: To your knowledge, has there been on official interpretation or zoning verification rendered on this property within the last year? 0 Yes ~ No If so, please provide copies, NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to sUDPlv necessary information to continue Drocessina or otherwise activelv oursue the rezonina for a Deriod of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting or a determination of "sufficiency". Further review of the project will be subject to the then current code. (LDC Section lO.03.05.Q.) Revised May201 0 Packet Page -2673- 4/12/2011 Item 17.8. - -",i';''''''- .!-::~;~~ CoUleT County t,:J:!'~",c~~Ti:~~~:~;,..~~=;~-,~.~ COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONI PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (23S) 252-2400 FAX (23S) 252-6358 www.collierQov.net ST A TEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT INFORMATION NAME OF APPLICANT(S) NOT REQUIRED PER PRE-APPLICATION NOTES. ADDRESS CITY STATE ZIP TELEPHONE # _ CELL # _ FAX #- E-MAIL ADDRESS: ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE):_ LEGAL DESCRIPTION Section/Township/Ranse _ / - / - Lot: Block: Subdivision: Plat Book _ Page #: _ Property 1.0. #: - Metes & Bounds Description: _ I TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM a. CITY UTILITY SYSTEM b. FRANCHISED UTILITY SYSTEM PROVIDE NAME c, PACKAGE TREATMENT PLANT (GPO capacity) _ d. SEPTIC SYSTEM o o o o TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) o o o o Revised May20 I 0 Packet Page -2674- ~,. cl~T County 4/12/2011 Item 17.8. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION! PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.colliel.Qov.net TOTAL POPULATION TO BE SERVED: PEAK AND AVERAGE DAilY DEMANDS: A. WATER-PEAK AVERAGE DAilY B. SEWER-PEAK AVERAGE DAILY IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED NARRATIVE STATEMENT: Provide 0 brief ond concise norrotive stotement ond schemotic drowing of sewoge treotment process to be used os well os 0 specific stotement regording the method of offluent ond sludge disposol. If percolotion ponds ore to be used, then percolotion doto ond soil involved sholl be provided from tests prepored ond certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is locoted within the services boundories of Collier County's utility service system, written notorized statement sholl be provided agreeing to dedicote to Collier County Utilities the woter distribution ond sewage collection focilities within the project orea upon completion of the construction of these focilities in occordonce with all applicable County ordinances in effect ot the at time. This stotement sholl olso include an ogreement thot the applicable system development charges ond connection fees will be poid to the County Utilities Division prior to the issuance of building permits by the County. If opplicable, the stotement shoil contoin sholl contoin on ogreement to dedicate the appropriate utility eosements for serving the woter and sewer systems. STATEMENT OF AVAilABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for ot the pre-applicotion meeting, if the project is to receive sewer or potable woter services from ony provider other than the County, 0 statement from thot provider indicoting thot there is odequote capacity to serve the project sholl be provided, Revised May2010 Packet Page -2675- 4/12/2011 Item 17.8. ~~"'~ cOfile"Y County ,_,:,,:_~~~"l"-""~~<;~~:c.::.~--:<::::""_~'D COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONl PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252.2400 FAX (239) 252-6358 www.collierllov.net AFFIDAVIT We/I, SEE ATTACHED AFFIDAVIT being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize R. Bruce Anderson. Esauire to act as our/my representative in any matters regarding this Petition. Signature of Property Owner Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this day of 200~ by who is personally known to me or has produced as identification. (Signature of Notary Public - State of Fiorida) State of Florida County of Collier (Print, Type, or Stamp Commissioned Name of Notary Public) Revised May201 0 Packet Page -2676. 4/12/2011 Item 17.8. ~JtjJf. We, David Neill, President & CEO, Scripps Media, Inc. d/b/a Naples Daily News, and Lamar Gable of Ocean Boulevard Partnership, LLLP and Bradley A. Boaz, Agent of Ocean Boulevard Partnership II, and Creekside Co=erce Park Property Owners' Association, Inc., being first duly sworn, depose and say that we are the owners of the property for the property commonly known as Naples Daily News BP PUD per attached Exhibit "A" which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. We understand that the information requested on this appli.cation must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owners we further authorize R. Bruce Anderson. Esq. of Roetzel & Andress. LPA to act as our representative in any matters regarding this Petition. Signatures of Property Owners: SCRIPPS MEDIA, INC. (dba Naples Daily News) , a Delaware corporation Successor to aLLIER IT P1fBL RING CaMP ANY 114 If} David Neill, President & CEO By: CREEKSIDE COMMERCE PARK PROPERTY OWNERS' OCEAN BOULEVARD PARTNERSHIP n, ASSOCIATION, INC. A Florida general partnership A Florida not-for.profit corporation By: Signature By: Lamar Gable, Agent Print Name, Title By: Bradley A. Boaz, Agent [NOTARY BLOCKS ON FOLLOWING PAGE] 624327 v_OJ \ 111878.0005 Packet Page -2677. 4/12/2011 Item 17.8. STATE OF FLORIDA COUNTY OF COLLIER . r/J Sworn to (or affirmed) and subscribed before me this tJ day of ~4 Ct'.>' f-: 20 I 0 by David Neill as President & CEO of Scripps Media, Inc. a Delaware Corporation, 'la Naples Dally News, Successor to COLLIER COUNTY PUBLISRING COMPANY, on behalf of such company, who is personally known to me or has produced ~ntifiCation. / C~7 f~~ Notary Pu ic eN ame typed, printe~~Iiit-, NANCY EVANS stamped) i.,;&.,., Commi..inn nn "57030 ~1'.....-i"; Expires July 18. 2011 (S . 1 N b 'f "~.~"f".., &niedThnrTroyFai'lIr1swa!u800-385-7019 ena ~ um er, I any) Packet Page -2678. 4/12/2011 Item 17.8. ~iiJj;- We, David Neill, President/Publisher, Scripps Media, Inc. d/b/a Naples Daily News, and Lamar Gable and Bradley A. Boaz, Agents of Ocean Boulevard Partnership II, and David K. Borden, President of Creekside Co=erce Park Property Owners' Association, Inc., being first duly sworn, depose and say that we are the owners of the property for the property commonly known as Naples Daily News BP PUD per attached Exhibit "A" which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. We understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owners we further authorize R. Bruce Anderson. Esq. of Roetzel & Andress. LP A to act as our representative in any matters regarding this Petition. Signatures of Property Owners: SCRIPPS MEDIA, INC. (dba Naples Daily News) a Delaware Corporation Successor to COLLIER COUNTY PUBUSffiNG COMPANY By: David Neill, PresidentlPublisher CREEKSIDE COMMERCE PARK PROPERTY OWNERS' ASSOCIATION, INC. a Florida not.for-profit corporation OCEAN BOULEVARD PARTNERSHIP, II, a F10rida general partnership (}::/!!:~L David K. Borden, President By: By: By: [NOTARY BLOCKS ON FOLLOWING PAGES] Packet Page -2679. 4/12/2011 Item 17.8. STATE OF FLORIDA COUNTY OF COLLIER Jj.tt 0,,+ A Sworn to (or affirmed) and subscribed before me this I day of .':;lljW;>/rr.i\-i!J] .2010 by Lamar Gable, duly authorized Agent of the Ocean Boulevard Partnership II, a 'Florida general partnership, on behalf of such company, who is personally known to me or has produced as identification. ---- ,1 J)/-+ lJ'v-.-nlL (]I . I tU",lo)0) , Notary Public SUSAN 1. MATURO (SEAL) o.".~.!\., . 0 . . ~ ,; '>OJf\.C N('lt~ry Pubjif: StP.ts ':If Florida SUS2f1!. V1"hlrc ') M'/<:"""""'IS'!;'r')'" ')n<l~",,<:'11'; ) =-:(Olr>;:~ 1011';''lf'!'.t - ) ~.r,,~""J"""""""'''''/''-~~ Name typed, printed or stamped STATE OF FLORIDA COUNTY OF COLLIER Swom to (or affirmed) and subscribed before me this ~ day of ~JjAJ.t,'7 ,2010 by Bradley A Boaz, duly authorized Agent of tbe Ocean Boulevard Partnefship II, a Florida General partnership, on behalf of the partnership, who is personally known to me or has produced as identification. - / (, , ,i.A. _ ^ .,0 /7, A-I;, /...\ ~, ,I I'1.A..-1J l1t/li '- .1\. 1/ I ,,;V.).,.,v u' I Notary Public SUSAN L. MATURO (SEAL) f~~ o.".~~~ NotOl', ry Public State 'Jf, F londa - :- ~ r: -Sufian L M?tum $ ~ c:: ,I My SOm'l"l!!)'!\lofl D08~ nG6i' ~I'Oi=f\.c '=r.Plt~~ 1r)i'I:;'-:;r:'" ,; ~~"""""""'-v...<",~ Name typed, printed or stamped Packet Page .2680- 4/12/2011 Item 17.8. STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before IDe this m day of ~ A~.p"", ~,p V', 2010 by David 1(. Borden, as President of Creekside Commerce Park Property Own~ a Florida not.for-profit corporation, on behalf of the such company, who is personally known to me or has produced as identification. (SEAL) Nor~ PtllUC..ITATE OF FLORIDA fi,.t.\ Shel1:1 ~YIlIl Krueger \ YR I Coll1l!llssion # EE015801 .....'/ ExpIres: AUG. 27, 2014 BONDED TRRu A.TLA,Ii"l"IC BONDItfG CO.. IHe, (-:2 ~W.!tj ^" 1Aw~ She nt { Lith 11 Cru e~'e r- Nam typed, p 'nted or stamped 624327 v_02 \ 1lI878.0005 Packet Page -2681- 4/12/2011 Item 17.8. U;~"Y County "~-"~,~"""""= COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONl PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.callierQov.net COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affinn that we are the fee simple titleholders and owners of record of property commonly known as Naples Daily News PUD 1100 lmmokalee Road. Naples. FL 34110 (Street address a.~d City, State and Zip Code) and legally described in Exlllbit A attached hereto, The property described herein is the subject of an application for Amendment to planned unit development (Naples Daily News PB PUD) zoning. We hereby designate R. Bruce Anderson, Esq. of Roetzel & Andress, L.P.A., legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on tbe property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: I. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in wbole or in part, uniess and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A depaIture from the provisions of the approved plans or a faiJu:e to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent ov-rners that all development activity within the planned unit development must be consistent "'lith those tenns and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance \:vith the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance, The County will not issue permits. certificates, or licenses to occupy or use allY part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Owner Owner .....SEE A TT ACHED COVENANT COVENANT OF UNIFIED CONTROL Printed Name Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affIrmed) and subscribed before me this who is personally known to me or has produced day of ,200_ by as identification. Revised May2010 Packet Page .2682- 4/12/2011 Item 17.8. COVENANT OF UNIFIED CONTROL The undersigned does hereby swear or affirrn that we are the fee simple titleholders and owners of record of property co=only known as Naples Daily News BP pun: 1100 Imrnokalee Road. Naples. FL 34110 (Street address and City, State and Zip) And legally described in Exhibit A attached hereto. The property descnbed herein is the subject of an application for the Naples Daily News BP Planned Dnlt Development Amendment. We hereby designate R. Bruce Anderson. Attornev. of Roetzel & Andress. LPA, legal representatives thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entities to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The owner identified herem is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Developmeot Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. By: CREEKSIDE COMMERCE PARK PROPERTY OWNERS' ASSOCIATION, INC., A Florida not.for-profit corporation OCEAN BOULEVARD PARTNERSHIP n, A Florida general partnership By: Signature By: Lamar Gable, Agent Print Name, Title By: Bradley A. Boaz, Agent C:\Doeuments and Settings\140951 \LocaI $ettings\T emporary Internet Files\OlK202\NAPLES-#62431 6-V1-Naples _Daily-News _ Covenant_oC Unified _ Control.DOC Packet Page -2683. 4/12/2011 Item 17.B. [NOTARY BLOCKS ON FOLLOWING PAGE] STATE OF FLORIDA COUNTY OF COLLIER j'IJ Swornto(oraffinned)andsubscrlbedbeforemethis 1 dayof /1-<444':5 T . 2010 by David Neill as President & CEO of SCRIPPS MEDIA, INC., a Delaware Corporarl6n, d/b/a Naples Daily News, Successor to COLLIER COUNTY PUBLlSRING COMPANY, on behalf of such company, who is oersonallv known to me or has produced as identificau a----7. ?~ Notary Public 7 (Name typed, printed ~r\ NANCY EVANS stamped) ,'; ;', CommlSSlor DD 657030 ~.".....~; txplre5 July 18. 2011 ".,CIO ",.,." BllIldedTlllllTINI"-'-"----......~.."t (8 . IN b 'f ) 'O",,, ..,~'._._~- S ena urn er, 1 any Packet Page .2684- 4/12/2011 Item 17.B. COVENANT OF UNIFIED CONTROL The undersigned does hereby swear or affirm that we are the fee simple titlebolders and owners of record of property commonly known as Naples Daily News BP PUD: 1100 Immokalee Road. Naples. FL 34110 (Street address and City, State and Zip) And legally described in Exhibit A attached hereto. The property described herein is the subject of an application for the Naples Daily News BP Planned Unit Development Amendment. We hereby designate R. Bruce Anderson. Attornev. of Roetzel & Andress. LPA. legal representatives tbereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. Tbis authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entities to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development reroning. 2. The owners identified berein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of tbe master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of tbe planned unit development. Signatures of Property Owners: SCRIPPS MEDIA, INC. (dba Naples Daily News) a Delaware Corporation Successor to COLLIER COUNTY PUBLISHING COMPANY By: David Neill, President/Publisher ~. r; v7Jt,L David K. orden, President By: n, CREEKSIDE COMMERCE PARK PROPERTY OWNERS' ASSOCIATION, INC. a Florida not-for-profit corporation By: By: [NOTARY BLOCKS ON FOLLOWING PAGES] C:\Doc:uments Ill'ld Settines\D8orden\Local Settings\T emporary Internet Files\Content.Oullook\6NDFU7Mo\NAPLES-*S2431 B-v1 -Napl~ _Da~y _N8Wli _ Covenant_ oC Unified _ ControLDOC Packet Page -2685. 4/12/2011 Item 17.B. STATE OF FLORIDA COUNTY OF COLLIER (SEAL) , .+f. Swom to (or affirmed) and subscribed before me this ~ day of 2010 by Lamar Gable, duly authorized Agent of the Ocean Boulevard Partnership II, a Florid general partnership, on behalf of such company, who is personally known to me or has produced as identification. ~ ~. (lUlW'dJ , Notary Public SUSAN L. MATURO' Name typed, printed or stamped ".".... R;..J 't- $ ~!t', i ~F~ Notary PubliC State of Florida susan l Maturo MY comm'ISS'lOn D0810666 Expires 10115/2012 STATE OF FLORIDA COUNTY OF COLLIER . JiR- .J.,- Sworn to (or affirmed) and subscribed before me this II day of 1&1 ,2010 by Bradley A. Boaz, duly authorized Agent of the Ocean Boulevard Partnership II, a Flor da General partnership, on behalf of the partnership, who is personally known to me or has produced as identification. A,vJl1/vv;f.Il1diiJJJ , Notary Public SUSAN L. MATURO o<"'~-: ~~, NOla, ry Public Stale of Florida ~ I"- SlIs.an l Maturo ) ~ c:; i My CommIssion DD810666 ). 'I11-oH\.# Sxorres 10/15/2012 ~...,J.....,..-;",.r'\..........v,^",0.\,^";"'...I'<..,,A,lJ;"...F' Name typed, printed or stamped (SEAL) C:\Doc\Jm8nls and Settings\DBorden\Local Settings\T emporary Internet Flles\Cont8nt_Outlook\6NDFU7MO\NAPLES-#62431s-v1-Naples - DaBy ~ News - Covenant_of - Unmeo_ Control.DOC Packet Page -2686- 4/12/2011 Item 17.B. STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this ~ day of <e ~ it"" " f r.'20l0 by David K Borden, as President of Creekside Commerce Park Property Owners' A~on, Inc., a Florida not-for.profit corporation, on behalf of the such company, who is personally known to me or has produced - as identification. (SEAL) NOTARY Pl.1lUC.sTATE OF FLORIDA ."'"'''''' Sheryl Lynn Krueger { . i Commission # EE015801 \.......l Expires: AUG. 27, 2014 RDlfDED TRRtl ATLA.'mC BONDUiG co.. me. \ ~~~ttaftA AA 1fAi 11 rr ,')hpt-/tl L/~hh rt-/ure-r e typed, rinted or stamped 624318 v..01 \ 111878.0005 C:\Documents and ~ings\DBorden\Local Settings\Temporary Internal Files\CO(ltemt.Outlook\6NDFU7MO\NAPI.E5-#62431 8-v1-Naples _DailLNews_Covenant_of_Unified _Controt.DDC Packet Page .2687- 4/12/2011 Item 17.B. c;l~"Y County ~~~~~~_~.,.",_;:,,;;:-':'':'c''l'~""7lJ COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONl PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.collieraov.net PUD REZONE APPLICATION SUBMITT AL REQUIREMENTS GENERAL INSTRUCTIONS Application information must be clearly printed or typed. All material must be legible and completed in full. All requirements must be submitted as indicated below, unless otherwise determined during the pre.application meeting. GENERAL APPLICATION To be completed in full and to include the following information. PUD list of permitted uses Development Stondards Table List of proposed deviations from the LDC (if any) List of Deveioper Commitments Refer to LDC Section 10.02.1 3.A.2 for required information DIGIT AL REQUIREMENTS An electronic version of all plans and documents on CDROM as part of the submittal package. FEES Required fees in accordance with current Fee Schedule. Check shall be made poyable to: Collier County Board of Commissioners. Application Fee ~ PUD Rezone = $10,000 + $25 per acre ~ PUD to PUD Rezone = $8,000 + $25 per acre Comprehensive Planning Consistency Review = $2,250 Legal Advertising Fees ~ BCC = $500 ~ CCPC = $925 Fire Code Review = $150/$100 for PUDZ.A EIS Review = $2,500 Note: An additional fee for the 5th and subsequent re-submittal will be accessed at 200/0 of the original fee. Revised May2010 Packet Page .2688- cO~"Y County ~"....-..- 4/12/2011 Item 17.B. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONI PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 WWW.collierllov.net ENVIRONMENTAL IMPACT STATEMENT fEISl An Environmental Impact Statement (EIS), as required by Section 10.02.02. of the Land Development Code (lDC) , or a request for waiver if appropriate. AERIAL PHOTO Whether or not an EIS is required, two copies of a recent aeriol photograph, [token within the previous twelve months), minimum scale of one inch equols 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and iocation(s) of the required portion of native vegetation to be preserved (per lDC Section 3.05.07). BOUNDARY SURVEY Boundary Survey, no more than six months old, abstracted, signed, sealed and prepared by 0 Florida registered land surveyor, showing the location and dimensions of 011 property lines, existing streets or roads, easements, rights.of.way, and areas dedicated to the public. HISTORICAL & ARCHAEOLOGICAL SURVEY A historical and archeological surveyor waiver appiication if property is located within an area of historical or archaeological probability (as identified at pre.application meeting) PUD MASTER PLAN In compliance with Section 10.02..1 3.A. 1 of the Land Development Code. OWNER/AGENT AFFIDAVIT Affidavit signed by owner authorizing agent to act as representative. Must be signed and notarized. WARRANTY DEED A copy of the last recorded deed, contract for sole or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subiect lot or parcel of land. ARCHITECTURAL RENDERING Architectural rendering of any proposed structures TRAFFIC IMPACT STATEMENT (TIS) Unless woived at the pre-opplication meeting, a Traffic Impoct Statement (TIS) must be submitted. For TIS Guidelines and Procedures, refer to the following link: htto://www.collienrov.net/Index.asox?oae:e=566 For additional questions, please contact John Podczerwinsky at 239.252-8192. UTILITY PROVISIONS STATEMENT A copy of the Utility Provisions Statement with required attachments and sketches. Please refer to attached form. Revised May2010 Packet Page -2689- 4/12/2011 Item 17.B. ?Ct"~~' cOme"Y County ,,::;_~:;,-;:::,~t:::.7~.~_,::>~.7?;."-.~~="'..";,C~tl!! COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONJ PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.callierllov.net AFFORDABLE HOUSING DENSITY BONUS AGREEMENT Including all Appendices and Exhibits PERMITS Copies of State and/or Federal permits STATEMENT OF COMPLIANCE Conformity of the proposed PUD with the goals, obiectives ond 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.) NEIGHBORHOOR INFORMATIONAL MEETING (NIMl Required per LDC Section 10.03.05.E. Please see attachment for requirements. OTHER Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. CONTINUANCE FEES In accordance with Collier County Community Development and Environmental Services Fee Schedule, when land use petitions are continued, the following fees will apply: Requested after petition has been advertised = $500 Requested at the meeting = $750 Additional required advertising charged in addition to continuance fees BE ADVISED THA T SECTION lO.03.05.B.3 OF THE lAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (5) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONER5. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTl51NG 5IGN(S) IMMEDIATELY. Revised May2010 Packet Page .2690- 4/12/2011 Item 17.B. -,{.-.. CO~"Y County ~.....-.....-- ~_._.." ~~ -~ COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONI PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.COllierllOv.net NEIGHBORHOOD INFORMATIONAL MEETING LDC Section 10.03.05. F Applicont must conduct ot leost one Neighborhood Informationol Meeting (NIM) ofter initiol stoff review and comment on the opplication and before the Public Heoring is scheduled with the Plonning Commission. Written notice of the meeting sholl be sent 15 doys prior to the Neighborhood Informotion Meeting to 011 property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.F.2. Notification shall also be sent to property owners, condominium and civic associations whose members are impocted by the proposed lond use chonge and who hove formolly requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Zoning Deportment ond the Office of the Board of County Commissioners no less than ten (10) doys prior to the scheduled dote of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place on advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site locotion mop of the property for which the zoning chonge is being requested. The disploy advertisement must be one.fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) doys before, the NIM. The Collier County stoff plonner ossigned to the proiect must ottend the NIM ond sholl serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Zoning Department. As a result of mandated meetings with the public, cny commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Zoning Department. These written commitments will be mode a port of the staff report of the County's review and approval bodies end made a part of the consideration for inclvsion in the conditions of approval. Revised May201 0 Packet Page -2691. 4/12/2011 Item 17.B. -"l;;.... cO[~"Y County ,:-;:;~5~'~~~:~~~::s-~ COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONl PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.collieraov.net In cases where the applicant's petition activity ex.tends beyond one year from the date that the lest Neighborhood Informotion Meeting (NIM) was held, an additional NIM will be conducted with adherence to all notification cnd advertising required for the initial meeting. Revised May2010 Packet Page -2692- aitl'~"Y County ~~~~~:~'I-'~~~..::t 4/12/2011/tem 17.B. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONI PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252.6358 www.collieraov.net RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Deveioper Commitments that contains the legal description of the property that Is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinonce. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chopter 695, FS. A recorded copy of the Memorondum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. Revised May201 0 Packet Page .2693. 4/12/2011 Item 17.B. ~~"Y County -~~'-. - COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONI PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.collieraov.net PUD AMENDMENT (PUDA) _ PUD REZONE (PUDZ) - PUD to PUD REZONE (PUDZ.A) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITT ALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF NOT COPIES REQUIRED REQUIREC , STANDAII.I)'RJ;Q!!JREMENTS:. 1 Addillonal sel if located in Ihe Bavshore/Galewav TrianRle Redevelopment Area) Copies of detailed description of why amendment is necessary ~ ~ 0 Completed Application with list of Permitted Uses; Development Standards Toblej list of ~ ~ 0 proposed deviations from the lDC (if onY)i List of Developer Commitments and Statement of Compliance narrative (download application from web for current form) I I PUD Conceptual Moster Site Plan 24" x 36" and One 8 1/::/' x , '" copy ~ ~ 0 Revised Conceptual Moster Site Plan 24" x 36"and One 8 '12" x 11" copy 0 0 ~ Original PUD dac/ord and Master Plan 24" x 36" - ONLY IF AMENDING THE PUD ~ ~ 0 Revised PUD application with changes crossed thru & underlined ~ ~ 0 Revised PUD application w/amended Title page w/ord #'s, LDC lO.02.13.A.2 ~ I3J 0 Justification/Rationale for the Deviations (must be on a separate sheet wiltlin the 0 0 0 application material; p~eose DO NOT include it in the PUD documents) C"pieSof Ih~fiillow'ing: I Deeds/Legal's & Survey (if boundary of original PUD is amended) 3 T 0 I3J \ List identifying Owner & all parties of corporation 2 I ~ 0 Owner/Affidavit signed & notarized 2 ~ [J Covenant of Unified Control 2 I ~ 0 Completed Addressing checklist 2 I3J 0 Environmental Impact Statement (EIS) and digital/electronic copy of ElS or exemption 0 I3J iustification 4 Historical Surveyor waiver request 4 0 I3J Utility Provisions Statement w /sketches I 4 0 ~ Architectural rendering of proposed structures 4 0 ~ Survey, signed & sealed 4 0 I3J Traffic Impact Statement (TIS) with applicable rees. For TIS guidelines & procedures 7 0 I3J refer to htrn:l/www.colljeroov.netllndex.asnx?naoe~566 Recent Aerial Photograph (with habitat areas defined) min scaled 1 "=400' 5 0 I3J Electronic copy of all documents in Word format and plans (CDRom or Diskette) 2 I ~ [J Copy of Official Interpretation and/or Zoning Verification 1 0 ~ If located in RFMU Rural Frin Mixed Use Receivin land Are s Applicant must contact Mr. Gerry J. Lacovero, State of Florida Division of Forestry @ 239-690-3500 for information regarding "Wildfire Mitigation & Prevention Plan", LDC Section 2.03.08.A.2.a.{b)i.c. Revised May2010 Packet Page -2694- ~.'1~' cllt~"Y County ~- 4/12/2011 Item 17.B. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION! PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.collierlloV.net EXHIBIT A 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: A. Principal Uses: I. SEE EXISTING PUD Any otber principal use which is comparable in nature with the foregoing list ofperrnitted principal uses, as determined by the Board of Zoning Appeals ("BZA") hy the process outlined in the LDC. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: CONDITIONAL USES (Ootional) 1. DEVELOPMENT STANDARDS Table below sets forth the development standards for land uses within the (type ofPUD) PUD Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date ofapproval of the SDP or Subdivision plat. Revised May2010 Packet Page -2695. 4/12/2011 Item 17.B. ~t~"Y County <...,.-,~~~~$I<'~~~!",-~ COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONl PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.collierClov.net EXHIBiT B TABLE I RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE FAMILY SINGLE FAMILY TWO-FAMILY, I MUL TI- CLUBHOUSE/ ATTACHED & PATIO & FAMILY RECREATION TOWNHOUSE ZERO LOT LINE BUILDINGS PRINCIPAL STRUCTURES I MINIMUM LOT AREA S.F. PER S.F. PER \ UNIT S.F. PER I S.F. PER S.F. PER i UNIT i UNIT I UNIT UNIT MINIMUM LOT WIDTH \ FEET i FEET I FEET I FEET FEET i MINIMUM FLOOR AREA S.F I S.F I S.F S.F./D.U. N/A MIN FRONT YARD I FEET , FEET ! FEET FEET I N/A , I I I MIN SIDE YARD FEET FEET or FEET or ! FEET N/A I MIN REAR YARD I FEET I FEET FEET i FEET : N/A I I ! ! MIN PRESERVE SETBACK I FEET I FEET FEET I FEET FEET I i I MIN. DISTANCE BETWEEN I FEET FEET I FEET I FEET or I N/A I I STRUCTURES I I , BH, 1 whichever is i areater MAX. BUILDING HEIGHT NOT I FEET I FEET ! FEET FEET FEET TO EXCEED I I : ! ACCESSORY STRUCTURES \ I FRONT FEET i FEET \ FEET i FEET I FEET I SIDE FEET FEET I FEET I FEET BH ! I I I I I REAR FEET ! FEET I FEET ! FEET FEET i , , PRESERVE SETBACK I FEET I FEET I FEET FEET i FEET i I , , DISTANCE BETWEEN I , PRINCIPAL STRUCTURE I , MAX. BUILDING HEIGHT NOT I SPS I SPS SPS FEET TO EXCEED I FEET S.P.S. = Same as Principal Structures Revised May2010 Packet Page .2696- ...,t~ a;rr'e"Y County ~~1.T."~'=~:::--J,::;i 4/12/2011/tem 17.B. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONI PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.collierQov.net BH = Building Height Footnotes as needed GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcei or lot boundary lines, or between structures. CondominiUIIl, and/or homeowners' association boundaries shall not be utilized for determining development standards. Setback may be either feet ( ) on one side and feet ( ) on the other side in order to provide a minimum separation between principal structures of feet ( ). Alternatively, if the foot ( ) setback option is not utilized, then the minimum setback shall not be less than feet ( ) and the combined setback between principal structures shall be at leas! feet ( ). At the time of the application for subdivision plat approval for each tract, a lot layout depicting minimum yard setbacks and the building footprint shall be submitted. TABLE II DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA Sq.Ft. N/A MINIMUM LOT WIDTH Ft. N/A MINIMUM YARDS (External) From Immokalee Road Canal ROW Ft. SPS , ! From Future Extension of Collier Blvd. I Ft. SPS From Western Project Boundary Ft. Ft. I MINIMUM YARDS (Internal) Internal DriveslROW Ft. Ft. Rear Ft. Ft. Side Ft. Ft, , MIN. DISTANCE BETWEEN Ft. or sum of Ft. STRUCTURES Building beights * i MAXIMUM HEIGHT I Retail Buildings Ft. Ft. Office Buildings Ft. Ft. I MINIMUM FLOOR AREA Sq. Ft. ** N/A MAX. GROSS LEASABLE AREA Sq. Ft. N/A * whichever is greater ** per principal structure, on the fInished fIrst floor. Revised May20J 0 Packet Page -2697. 4/12/2011 Item 17.B. -....r.-, CO~T County ~~-- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONl PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.collierllov.net EXHIBIT C MASTER PLAN SEE MASTER PLAN ATTACHED TO PUD 06-49 (EXHIBIT NO.3) Revised May201 0 Packet Page -2698- ~ ~fTh~"Y County ,~~~~~~~~t'l' 4/12/2011 Item 17.B. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONl PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.collierllov.net EXHIBIT D LEGAL DESCRIPTION (If legal description is too long, add as an attachment) LEGAL DESCRIPTION IS ATTACHED. Revised May2010 Packet Page .2699- 4/12/2011 Item 17.B. A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00'38'43" EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27, ALSO BEING THE EAST RIGHT-OF-WAY OF U.S. 41 FOR A DISTANCE OF 125.02 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD; THENCE RUN NORTH 44'38'23" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 34.99 FEET; THENCE RUN SOUTH 89'45'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 573.45 FEET; THENCE RUN SOUTH 86'53'15" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 500.61 FEET; THENCE RUN SOUTH 89'45'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 134.22 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE SOUTH 89'45'00" EAST FOR A DISTANCE OF 599.23 FEET; THENCE RUN SOUTH 00'15'00" WEST FOR A DISTANCE OF 5.00 FEET; THENCE RUN SOUTH 89'45'00" EAST FOR A DISTANCE OF 35.04 FEET; THENCE RUN NORTH 02'33'13" WEST FOR A DISTANCE OF 5.01 FEET; THENCE RUN SOUTH 89'45'00" EAST FOR A DISTANCE OF 249.45 FEET; THENCE RUN SOUTH 00'25'51" WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60'02'56" EAST FOR A DISTANCE OF 117.20 FEET; THENCE RUN SOUTH 82'32'14" EAST FOR A DISTANCE OF 119.17 FEET; THENCE RUN SOUTH 00'07'39" EAST FOR A DISTANCE OF 111.93 FEET; THENCE RUN NORTH 89'58'01" WEST FOR A DISTANCE OF 456.64 FEET; THENCE RUN SOUTH 02'19'57" EAST FOR A DISTANCE OF 1,179.69 FEET; THENCE RUN NORTH 72'59'03" WEST FOR A DISTANCE OF 656.88 FEET; THENCE RUN SOUTH 77'43'40" WEST FOR A DISTANCE OF 573.75 FEET; THENCE RUN SOUTH 00'39'12" EAST FOR A DISTANCE OF 187.52 FEET; THENCE RUN SOUTH 68'35'21" WEST FOR A DISTANCE OF 110.88 FEET; THENCE RUN SOUTH 57'47'59" WEST FOR A DISTANCE OF 46.92 FEET; THENCE RUN SOUTH 89'20'45" WEST FOR A DISTANCE OF 156.34 FEET; THENCE RUN SOUTH 00'39'15" EAST FOR A DISTANCE OF 34.09 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWEST, WHOSE RADIUS POINT BEARS SOUTH 06'18'10" WEST, A DISTANCE OF 70.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 38'45'24", SUBTENDED BY A CHORD OF 46.45 FEET AT A BEARING OF SOUTH 64'19'08" EAST, FOR A DISTANCE OF 47.35 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE WEST, WHOSE RADIUS POINT BEARS SOUTH 45'03'34" WEST, A DISTANCE OF 197.21 FEET THEREFROM; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 197.21 FEET, THROUGH A CENTRAL ANGLE OF 75'24'07", SUBTENDED BY A CHORD OF 241.20 FEET AT A BEARING OF SOUTH 07'14'23" EAST, FOR A DISTANCE OF 259.53 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE EAST, WHOSE RADIUS POINT BEARS SOUTH 59'32'19" EAST, A DISTANCE OF 130.00 FEET THEREFROM; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET, THROUGH A CENTRAL ANGLE OF 66'43'37", SUBTENDED BY A CHORD OF 142.99 FEET AT A BEARING OF SOUTH 02'54'08" EAST, FOR A DISTANCE OF 151.40 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 98'24'12", SUBTENDED BY A CHORD OF 105.98 FEET AT A BEARING OF SOUTH 12'56'10" WEST, FOR A DISTANCE OF 120.22 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 62'08'16" WEST FOR A DISTANCE OF 75.07 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE EAST; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET; THROUGH A CENTRAL ANGLE OF 93'06'13"; SUBTENDED BY A CHORD OF 43.56 FEET AT A BEARING OF SOUTH 15'35'09" WEST, FOR A DISTANCE OF 48.75 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 30'57'58" EAST FOR A DISTANCE OF 34.79 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 80.00 FEET; THROUGH A CENTRAL ANGLE OF 14'16'42"; SUBTENDED BY A CHORD OF 19.88 FEET AT A BEARING OF SOUTH 621888 v _01 \ 1118780005 Packet Page -2700. 4/12/2011 Item 17.B. 23'49'37" EAST, FOR A DISTANCE OF 19.94 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 84'13'14" EAST FOR A DISTANCE OF 158.41 FEET; THENCE RUN SOUTH 80'55'24" EAST FOR A DISTANCE OF 183.78 FEET; THENCE RUN SOUTH 81'52'51' EAST FOR A DISTANCE OF 180.90 FEET; THENCE RUN SOUTH FOR A DISTANCE OF 261.28 FEET; THENCE RUN WEST FOR A DISTANCE OF 394.57 FEET; THENCE RUN NORTH FOR A DISTANCE OF 271.73 FEET; THENCE RUN NORTH 84'13'14" WEST FOR A DISTANCE OF 120.32 FEET; THENCE RUN SOUTH 33'05'40" WEST FOR A DISTANCE OF 54.13 FEET; THENCE RUN SOUTH 76'56'51" WEST FOR A DISTANCE OF 89.04 FEET; THENCE RUN NORTH 58'35'21" WEST FOR A DISTANCE OF 65.19 FEET; THENCE RUN NORTH 15'31'55" WEST FOR A DISTANCE OF 74.80 FEET; THENCE RUN NORTH 00'41'41" WEST FOR A DISTANCE OF 115.24 FEET; THENCE RUN NORTH 28'22'47" EAST FOR A DISTANCE OF 171.51 FEET; THENCE RUN NORTH 17'11'45" WEST FOR A DISTANCE OF 106.79 FEET; THENCE RUN NORTH 13'02'52" EAST FOR A DISTANCE OF 28.51 FEET; THENCE RUN NORTH 73'36'14" WEST FOR A DISTANCE OF 54.78 FEET; THENCE RUN SOUTH 49'16'08" WEST FOR A DISTANCE OF 112.78 FEET; THENCE RUN SOUTH 89'47'08" WEST FOR A DISTANCE OF 53.08 FEET; THENCE RUN NORTH 58'00'49" WEST FOR A DISTANCE OF 50.49 FEET; THENCE RUN NORTH 00'39'12" WEST FOR A DISTANCE OF 303.48 FEET; THENCE RUN NORTH 89'20'45" EAST FOR A DISTANCE OF 341.45 FEET; THENCE RUN NORTH 00'39'15" WEST FOR A DISTANCE OF 25.00 FEET; THENCE RUN NORTH 69'14'15" EAST FOR A DISTANCE OF 258.29 FEET; THENCE RUN NORTH 13'26'32" EAST FOR A DISTANCE OF 348.97 FEET; TO A POINT ON A CIRCULAR CURVE CONCAVE NORTH, WHOSE RADIUS POINT BEARS NORTH 03'17'21" EAST, A DISTANCE OF 936.00 FEET THEREFROM; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 936.00 FEET, THROUGH A CENTRAL ANGLE OF 06'23'14", SUBTENDED BY A CHORD OF 104.29 FEET AT A BEARING OF SOUTH 89'54'16" EAST, FORA DISTANCE OF 104.34 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH 86'54'07" EAST FOR A DISTANCE OF 258.32 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE NORTHWEST; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET; THROUGH A CENTRAL ANGLE OF 86'54'07"; SUBTENDED BY A CHORD OF 68.77 FEET AT A BEARING OF NORTH 43'27'04" EAST, FOR A DISTANCE OF 75.84 FEET TO THE END OF SAID CURVE THENCE RUN NORTH FOR A DISTANCE OF 830.91 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE NORTHWEST, WHOSE RADIUS POINT BEARS NORTH, A DISTANCE OF 85.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 85.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00", SUBTENDED BY A CHORD OF 120.21 FEET AT A BEARING OF NORTH 45'00'00" EAST, FOR A DISTANCE OF 133.52 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH FOR A DISTANCE OF 224.63 FEET TO THE POINT OF BEGINNING; CONTAINING 35.24 ACRES, MORE OR LESS. 621888 v_Ol \ 111878,0005 Packet Page -2701- 4/12/2011 Item 17.B. ""t~ a;~"Y County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION' PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.collierQov.nel EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC NO CHANGES ARE PROPOSED OR REQUESTED. Revised May201 0 Packet Page -2702. ColNt"Y CoUl1ty - ~......~-- - 4/12/2011 Item 17.B. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION! PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.collierllov.net EXHIBIT F LIST OF DEVELOPER COMITMENTS NO CHANGES ARE PROPOSED OR REQUESTED. Revised May2010 Packet Page -2703. 4/12/2011 Item 17.B. NAPLES DAILY NEWS PUD AMENDMENT JUSTIFICATION FOR PUD AMENDMENT At the time of approval of the original BPPUD an agreement had been made by the Applicant with the Bay Colony Golf Club, Inc. and The Estates at Bay Colony Golf Club Neighborhood Association for specific types of plants to be placed in the landscape buffer between the BPPUD and the two developments. Since that time the Bay Colony groups have requested changes to the types of plants to be installed and a new agreement was entered into. A copy of that Agreement is attached. The BPPUD Amendment is necessary because the specificity of the landscape buffer requirement in Section 2.9 conflicts with the landscape standards in the new Agreement which calls for the BPPUD to be amended. 624450v_01 \ 111678.0005 2010 Exhibit 3 Collier County Application for Public Hearing for Closeout of DRI Collier Reserve Tract 22 Packet Page -2704- 4/12/2011 Item 17.B. Exhibit "A" Comparison of Proposed Amendment Text to Current Text of Naples Dailv News Business Park Planned Unit Development Ordinance 06-49 The following text shows the current BPPUD text and changes to that text proposed in this letter. Text that is struck through is deleted and text that is underlined is text to be added to Section 2.9D. 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Naples Daily News BPPUD. The following standards shall apply: n The developer will supplement the existing ficus hedge which presently serves as a buffer between the pFepBsed BPPUD and l:Ae- The Estates at Bay Colony Dt:vt:IBl3meAt witA 80 live oal< 1:fees 12 feet Ai~A with a minifRum spread of 6 feet at tAe time of plaAeA~. A8siaoAally tAese oale trees will se sLJpplefRent.cd wil:A ficus t:r-ees, t:e tAe ooeAt l:Ae COI;IA!?t. ',vill aile..... tAc use of Rel:JS t:rees, to ereate aA opal:ll:Je Bl:Jffer. The se\'eleper a!jfct:s to .verI< wit"", tAt: Bay Colony Prepefty Owncrs'Golf Club Neiahborhood Association t:e ~ain Cal;lAty appFeval f{jr tAe use of tAt: At:I:JS t:rees.. Inc. and the BaY Colony Golf Club. Inc. ("Bay Colony") with eiahty (80) Clusia rosea trees with a size of at least twenty-fiye (25) aallon containers to be planted as desianated by Bay Colony. The supplementary oal< aAs Ael;lsClusia rosea trees will be located in the buffer area at field selected locations between the Creekside Pun on the east and the point on the west where the buffer turns south. This distance is approximately eleyen hundred (I,l00} feet. In the event that the ficus hedge !sand/or Clusia rosea trees are damaged by a windstorm to the extent of a reduction in the opaque value of 50% or more, the developer agrees to replaeerestore by reDlacement or reseItiD9, whichever is "PYIVjlliate, any of tAc 80 live aale trees Clusia rosea (installed ase."e aAs install} or rcsct the ficus trees as neecssary(existina) within the eleyen hundred (1100) foot area. with the intent to restore the buffer as close to its pre-storm condition as reasonably possible considering the availability of tree materials at the time of the restoration. The reolacement or resettina of the trees will be for a total of one hundred sixty (160) trees. Whether the restoration will be with Clusia rosea or ficus trees or both will be at the disaetion of Bay Colony. Develooer shall be relieYed of any further obliGation or resDOnsibility to restore the buffer after the initial reDlacement or resettinG has occurred. After the initial reDlacement or resettinG of the one hundred sixty (160) trees has occurred. Bay Colony may. in its sole discretion. reolace or reset any of said trees. 612512 v_01 \ 114521.0001 Packet Page .2705. ORDINANCE NO. 06-ft- AN ORDINANCE OF TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41. AS AMENDED, THE COLLIER COLJNTY LAND DEVELOPMENT CODE WHICH INCLLJDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA BY AMENDING THE APPROPRlATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RURAL AGRlCULTURE (A) AND CREEKSIDE COMMERCE PARK PUD ZONING DISTRICTS TO A BLJSINESS PARK PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO BE KNOWN AS lliE NAPLES DAILY NEWS BPPUD AND LOCATED. IN SECTION 27, TOWNSHIP 48 SOUTII. RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 35.24 ACRES: AND BY PROVIDING AN EFFECTIVE DATE 4/12/2011 Item 17.B. ",10189707, .,10 .&. 7~7 rv T ij)~ ~ " I CNOV3lI', ~ \ m1vrn j ~~ (vfC "'0' 1.'" 9C'S~VlE7.L:t.." WHEREAS, D. Wayne Arnold, AICP, of Q, Grady Minor & Assoc., PA, representing Collier Publishing Company, Inc" d/b/a Naples Daily News. petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 27, Township 48 South, Range 25 East. Collier County, Florida, is changed from the Rural Agriculture (A) and Creekside Commerce Park PUD Zoning Districts to Business Park Planned Unit Development Zoning District for a project known as Naples Daily News Business Park Planned Unit Development (BPPUD) in accordance with the BPPUD Document, attached hereto as Exhibit "A" and incorporated by reference herem. The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41, as amended., the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super majority vote of the Board of County Commissioners ofCoUier County, Florida, this ,) '11< day of (. CW 1].< \ - ,2006, Packet Page .2706- 4/12/2011 Item 17.B. ATfEST: DWlGHTE. BROCK,CLERK ~~Lll~t&k ~ttast'.~..~~1~lleputy Clerk sl....t..... '011. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORlDA BY: , ~;;-~ FRANK HALA,' rJ!:N Approved as to form and legal sufficiency rY\iA-~_ 0)1,~ - ,8t:<,;!,j MaIjo~ . Student-Stirling . Assistant County Attorney PUDZ.200S.AR..s8JJIMJDI~ This ordinance tiled with the S!c~ry of Stote's Off~~.r~ ~doycf")DU.. ' and ocknO'W"Jedgement of that filing received this ~ day cf~1~i~~ tJo"puryc_ P~C1e 2 of2 Packet Page .2707- 4/12/2011 Item 17.B. NAPLES DAILY NEWS A BUSINESS PARK PLANNED UNIT DEVELOPMENT PREPARED FOR: COLLIER PUBLISHING COMPANY, INC. Naples Daily News 1075 Central Avenue Naples, FL 34102 PREPARED BY: Q. GRADY MINOR AND ASSOCIATES, PA 3800 Via Del Rey Bonita Springs, FL 34134 (239) 947-1144 (239) 947-0375 (fax) and ROETZEL & ANDRESS, L.P.A. 850 Park Shore Drive Trianon Center, 3rd Floor (239) 649.2708 (239) 261.3659 (fax) Naples. FL 34103 DATEFILED ID(a..'-//7f"PCp DATE APPROVED BY CCPC DATEAPPROVEDBYBCC 10IcrLjI~~ ORDINANCE NUMBER a OD (,,- L-L'1 EXHIBIT "A" :>- Naples Daily Ne'NS BPPUD (BCe 10-24-06)clean __~<:ket Page -2708- 4/12/2011 Item 17.B. TABL.E OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE iii SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP. & GENERAL DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT 2-1 SECTION III BUSINESS PARK 3-1 4.1 SECTION IV PRESERVE 5-1 SECTION V OPEN SPACE SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6-1 Naples Daily News BPPUD (BCT lO-24-06)clenn pac;ket Page -2709. -..------.- ----- 4/12/2011 Item 17.B. EXHIBIT A LIST OF EXHIBITS NAPLES DAILY NEWS BUSINESS PARK BPPUD MASTER PLAN EXHIBIT B BOUNDARY SURVEY EXHIBIT C LOCATION MAP EXHIBIT D DEVIATIONS EXHIBIT F CONCEPTUAL PARK I PARKLET PLAN CONCEPTUAL WATER MANAGEMENT PLAN EXHIBIT E EXHIBIT G WATER MANAGEMENT MEMORANDUM EXHIBIT H CONCEPTUAL LANDSCAPE PLAN ii Na.plc:s Daily !'-iews BPPUD (BCe \ 0_24-D6)ckar: Packet Page -2710- _.~---_.. ------- 4/12/2011 Item 17.B. STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Collier County Publishing Company dba Naples Daily News and Ocean Boulevard Partnership and Ocean Boulevard Partnership II, hereinafter referred to as the developer, to create a Business Park Planned Unit Development (BPPUD) on 35:t acres of land located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. The name of this Business Planned Unit Development (BPPUD) shall be Naples Daily News BPPUD. The development of the Naples Daily News BPPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan, Business Park Subdistrict. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Mixed Use District, Urban Residential Subdistrict as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Mixed Use District, Urban Residential Subdistrict is to provide for a variety of residential and non-residential developments such as Planned Unit Developments. Pursuant to the FLUE, Business Parks are allowed as a Subdistrict in an Urban-Mixed Use District. 2. The Naples Daily News BPPUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. The project lies between developed industrial and commercial planned developments, and the. uses, development standards, buffers and open spaces are compatible with neighboring properties. 3. Improvements will be in compliance with all applicable land development regulations. 4. The development of the Naples Daily News BPPUD will result in an efficient and economical extension of community facilities and services. 5. The Naples Daily News BPPUD complies with the location and development criteria for business parks as found in the Business Park Subdistrict of the Future Land Use Element of the Collier County Growth Management Plan. 6. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. 7. The Naples Daily News BPPUD is in compliance with Objective 7 and its implementing policies of the Future Land Use Element, in that interconnections to surrounding development have been provided for vehicular and pedestrian access. The conceptual location of the interconnection(s) have been shown on the conceptual master plan. N.ap15 Daily News BPPUD (BC(' IO.24.06)cleo.n iii .. -.-- Packet Page .2711. 4/12/2011 Item 17.B. 8. Access to the Naples Daily News BPPUD is presently provided to Immokalee Road (via Creekside Way), an arterial roadway and to Creekside Boulevard. iv Naples Daily News BPPUD (Bee lO-24-0b)cle:m Packet Page -2712- ---- ..------....-- 4/12/2011 Item 17.B. SHORT TITLE This ordinance shall be known and cited as the "NAPLES DAILY NEWS BUSINESS PARK PLANNED UNIT DEVELOPMENT ORDINANCE". v Naples Daily News BPPUD (BeT 10_24-06)cll:.an Packet Page .2713. 4/12/2011 Item 17.B. SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Naples Daily News BPPUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 27. TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00'38'43" EAST. ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27. ALSO BEING THE EAST RIGHT.OF-WAY OF U,S. 41 FOR A DISTANCE OF 125.02 FEET TO A POINT ON THE SOUTH RIGHT.OF-WAY OF IMMOKALEE ROAD; THENCE RUN NORTH 44'38'23" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 34.99 FEET; THENCE RUN SOUTH 89'45'00" EAST, ALONG SAID SOUTH RIGHT.OF-WAY FOR A DISTANCE OF 57345 FEET; THENCE RUN SOUTH 86'53'15" EAST. ALONG SAID SOUTH RIGHT.OF-WAY FOR A DISTANCE OF 500.61 FEET; THENCE RUN SOUTH 89'45'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 134.22 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE SOUTH 89'45'00" EAST FOR A DISTANCE OF 599,23 FEET; THENCE RUN SOUTH 00"15'00" WEST FOR A DISTANCE OF 5,00 FEET; THENCE RUN SOUTH 89'45'00" EAST FOR A DISTANCE OF 35.04 FEET; THENCE RUN NORTH 02'33'13" WEST FOR A DISTANCE: OF 5,01 FEET; THENCE RUN SOUTH 89'45'00" EAST FOR A DISTANCE OF 24945 FEET; THENCE RUN SOUTH 00'25'51" WEST FOR A DISTANCE OF 10722 FEET; THENCE RUN SOUTH 60'02'56" EAST FOR A DISTANCE OF 117.20 FEET; THENCE RUN SOUTH 82'32'14" EAST FOR A DISTANCE OF 119,17 FEET; THENCE RUN SOUTH 00'07'39" EAST FOR A DISTANCE OF 111.93 FEET; THENCE RUN NORTH 89058'01" WEST FOR A DISTANCE OF 456,64 FEET; THENCE RUN SOUTH 02'19'57" EAST FOR A DISTANCE OF 1,17969 FEET; THENCE RUN NORTH 72'59'03" WEST FOR A DISTANCE OF 656.88 FEET; THENCE RUN SOUTH 77'43'40" WEST FOR A DISTANCE OF 57375 FEET; THENCE RUN SOUTH 00'39'12" EAST FOR A DISTANCE OF 18752 FEET; THENCE RUN SOUTH 68'35'21" WEST FOR A DISTANCE OF 11088 FEET; THENCE RUN SOUTH 57"47'59" WEST FOR A DISTANCE OF 46,92 FEET; THENCE RUN SOUTH 89'20'45" WEST FOR A DISTANCE OF 156.34 FEET; THENCE RUN SOUTH 00'39'15" EAST FOR A DISTANCE OF 34.09 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWEST. WHOSE RADIUS POINT BEARS SOUTH 06'18'10" WEST, A DISTANCE OF 7000 FEET THEREFROM', THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 38'45'24", SUBTENDED BY A CHORD OF 4645 FEET AT A BEARING OF SOUTH 64019'08" EAST, FOR A DISTANCE OF 47.35 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE WEST. WHOSE RADIUS POINT BEARS SOUTH 45"03'34" WEST, A DISTANCE OF 197.21 FEET THEREFROM; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT. HAVING A RADIUS OF 19721 FEET, THROUGH A CENTRAL ANGLE OF 75024'07". SUBTENDED BY A CHORD OF 241.20 FEET AT A BEARING OF SOUTH 07"14'23" EAST, FOR A DISTANCE OF 259.53 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE EAST, WHOSE RADIUS POINT BEARS 1-1 Naples Daily News BPPUO {Bee lO_24...(6)c\ean Packet Page -2714. 4/12/2011 Item 17.B. SOUTH 59'32'19" EAST, A DISTANCE OF 13000 FEET THEREFROM; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130,00 FEET, THROUGH A CENTRAL ANGLE OF 66'43'37", SUBTENDED BY A CHORD OF 14299 FEET AT A BEARING OF SOUTH 02'54'08" EAST. FOR A DISTANCE OF 151.40 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT. HAVING A RADIUS OF 70.00 FEET. THROUGH A CENTRAL ANGLE OF 98'24'12", SUBTENDED BY A CHORD OF 105.98 FEET AT A BEARING OF SOUTH 12'56'10" WEST, FOR A DISTANCE OF 120.22 FEET TO THE END OF SAID CURVE: THENCE RUN SOUTH 62'08'16" WEST FOR A DISTANCE OF 75.07 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE EAST; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT. HAVING A RADIUS OF 30,00 FEET: THROUGH A CENTRAL ANGLE OF 93'06'13"; SUBTENDED BY A CHORD OF 43,56 FEET AT A BEARING OF SOUTH 15'35'09" WEST, FOR A DISTANCE OF 48.75 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 30'57'58" EAST FOR A DISTANCE OF 34.79 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT. HAVING A RADIUS OF 80,00 FEET; THROUGH A CENTRAL ANGLE OF 14'16'42"; SUBTENDED BY A CHORD OF 19,88 FEET AT A BEARING OF SOUTH 23'49'37" EAST, FOR A DISTANCE OF 19.94 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 84'13'14" EAST FOR A DISTANCE OF 158.41 FEET; THENCE RUN SOUTH 80'55'24" EAST FOR A DISTANCE OF 183.78 FEET; THENCE RUN SOUTH 81'52'51" EAST FOR A DISTANCE OF 180.90 FEET; THENCE RUN SOUTH FOR A DISTANCE OF 261.28 FEET; THENCE RUN WEST FOR A DISTANCE OF 394.57 FEET; THENCE RUN NORTH FOR A DISTANCE OF 271.73 FEET; THENCE RUN NORTH 84'13'14" WEST FOR A DISTANCE OF 120.32 FEET; THENCE RUN SOUTH 33'05'40" WEST FOR A DISTANCE OF 5413 FEET; THENCE RUN SOUTH 76'56'51" WEST FOR A DISTANCE OF 89.04 FEET; THENCE RUN NORTH 58'35'21" WEST FOR A DISTANCE OF 65,19 FEET; THENCE RUN NORTH 15'31'55" WEST FOR A DISTANCE OF 74,80 FEET; THENCE RUN NORTH 00'41'41" WEST FOR A DISTANCE OF 115.24 FEET; THENCE RUN NORTH 28'22'47" EAST FOR A DISTANCE OF 171.51 FEET; THENCE RUN NORTH 17'11'45" WEST FOR A DISTANCE OF 106,79 FEET; THENCE RUN NORTH 13'02'52" EAST FOR A DISTANCE OF 28.51 FEET; THENCE RUN NORTH 73'36'14" WEST FOR A DISTANCE OF 54.78 FEET; THENCE RUN SOUTH 49'16'08" WEST FDR A DISTANCE OF 112.78 FEET; THENCE RUN SOUTH 89'47'08" WEST FOR A DISTANCE OF 53.08 FEET; THENCE RUN NORTH 58'00'49" WEST FOR A DISTANCE OF 50.49 FEET: THENCE RUN NORTH 00'39'12" WEST FOR A DISTANCE OF 303.48 FEET; THENCE RUN NORTH 89'20'45" EAST FOR A DISTANCE OF 341.45 FEET; THENCE RUN NORTH 00'39'15" WEST FOR A DISTANCE OF 25,00 FEET: THENCE RUN NORTH 69'14'15" EAST FOR A DISTANCE OF 258.29 FEET: THENCE RUN NORTH 13'26'32" EAST FOR A DISTANCE OF 34897 FEET; TO A POINT ON A CIRCULAR CURVE CONCAVE NORTH, WHOSE RADIUS POINT BEARS NORTH 03'17'21" EAST, A DISTANCE OF 936,00 FEET THEREFROM; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 93600 FEET, THROUGH A CENTRAL ANGLE OF 06'23'14", SUBTENDED BY A CHORD OF 104.29 FEET AT A BEARING OF SOUTH 89'54'16" EAST, FOR A DISTANCE OF 10434 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH 66'54'07" EAST FOR A DISTANCE OF 258.32 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE NORTHWEST; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT. HAVING A RADIUS OF 50.00 FEET; THROUGH A CENTRAL ANGLE OF 86'54'07"; SUBTENDED BY A CHORD OF 68.77 FEET AT A BEARING OF NORTH 43'27'04" EAST, FOR A DISTANCE OF 75.84 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH FOR A DISTANCE OF 830.91 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE NORTHWEST, WHOSE RADIUS POINT BEARS NORTH. A DISTANCE OF 85.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT. HAVING A RADIUS OF 85.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00", SUBTENDED BY A CHORD OF 120.21 FEET AT A BEARING OF NORTH 45'00'00" EAST. FOR A DISTANCE OF 133.52 FEET TO THE END OF SAID CURVE; THENCE RUN '-2 Napll.!s Daily News BPPl)D (Bee lO_24-06}clean Packet Page .2715- 4/12/2011 Item 17.B. NORTH FOR A DISTANCE OF 224.63 FEET TO THE POINT OF BEGINNING; CONTAINING 35.24 ACRES. MORE OR LESS, 1.3 PROPERTY OWNERSHIP Folio #'s 29331190521 and 29331190660 Creekside Commerce Park Property Owners Association, Inc. 2600 Golden Gate ParkWay Naples, Florida 34105 Folio #'s 00168040601 and 00168046003 Ocean Boulevard Partnership \I 2600 Golden Gate ParkWay Naples, Florida 34105 Folio #'s 00168042900 Ocean Boulevard Partnership 2600 Golden Gate Parkway Naples, Florida 34105 Folio #'s 00168042803 Ocean Boulevard Partnership II Ocean Boulevard Partnership 2600 Golden Gate ParkWay Naples, Florida 34105 Contract purchaser: Folio #'s 00168040601, 001680429000, 00168042803, and 00168046003 Collier Publishing Company, Inc. dba Naples Daily NewS 1075 Central Avenue Naples, Florida 34102 1.4 GENERAL AND PHYSICAL DESCRIPTION OF PROPERTY A. The project site is located in Section 27, Township 48 South, Range 25 East. The site is bordered on the north by lmmokalee Road, on the south by Pelican Marsh PUDfDRI, on the east by the Creekside Commerce Park PUD and Pelican Marsh PUDfDRI, and the west by Pelican Marsh PUDfDRI and Granada Shop pes PUD. B. The zoning classification of the subject property at the time of BPPUD application was A, Rural Agriculture, and Creekside Commerce Park PUD. 1-3 Naples Daily N~ws BPPUD (BC'e \O_24_0b)ckan Packet Page -2716- 4/12/2011 Item 17.B. C. Elevations within the site are approximately 8' above MSL, per FEMA Firm Map Panel No. 120067 193 0, dated June 3,1986. The property is located within flood zone AE (11). D. A majority of the site has been altered due to ongoing agricultural operations. A portion of the site lying adjacent to Pelican Marsh does contain native vegetation which is to be retained and designated as a preserve area on the conceptual master plan. E. The soil types on the site generally include Myakka and Satellite Fine Sand and Halopaw and Okeelanta depressional soils. This information was derived from the Soil Survey of Collier County Area, Florida, 1998. F. The project site is located within the Collier County Water Management District Pine Ridge Canal Basin. G. Industrial, light industrial and accessory uses shall be permitted within Business Park designated portions of the project. 1-4 Naples Daily News BPPUD (Bee lO_24-(6)c:lcan Packet Page -2717- 4/12/2011 Item 17.B. SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Naples Daily News BPPUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Naples Daily News BPPUD will be developed as a business park providing for industrial and light industrial uses including but not limited to multi-media publishing, printing, broadcasting and other communication and information technologies, and mediums and accessory uses, consistent with the Business Park Sub-district of the Urban Mixed Use District of the Future Land Use Element of the Collier County Growth Management Plan as set forth more specifically in Section 3.3 of this BPPUD. B. The Master Plan is illustrated graphically on Exhibit "A". A Land Use Summary indicating approximate land use acreages is shown on the plan. The master plan is conceptual, and the location, size, and configuration of individual tracts and access to tracts shall be determined at the time of final site development plan and/or preliminary subdivision plat approval with minor adjustments at the time of final plat approval. 2.3 COMPLIANCE WiTH COUNTY ORDINANCES A. Regulations for development of the Naples Daily News BPPUD shall be in accordance with the contents of this BPPUD Ordinance and applicable sections of the Collier County Land Deveiopment Code ("LDC") and the Collier County Growth Management Plan which are in effect at the time of issuance of any development order to which said regulations relate. Where this BPPUD Ordinance does not provide developmental standards. then the provisions of the specifiC section of the LDC that is othelWise applicable shall apply The regulations of the LDC shall apply to this BPPUO zoning district except as follows: 1. Where a deviation or deviations from the provisions of the LOC have been requested as part of the application for PUO zoning and approved by the Board of County commissioners (BCC). 2. Where a substitution or substitutions to a design standard or standards have been or will be requested by the applicant pursuant to the LDC. 2-1 Naples Daily News BPPUD (Bee lO+24-06)clean Packet Page -2718- - -~----- 4/12/2011 Item 17.B. 3. Where the land uses and development standards which include but are not limited to setbacks, height requirements, minimum lot area, are set forth as a part of this BPPUD Document. 4. Where there are standards set forth within this BPPUD Document that are more strict than the standards set forth in the LDC. 5. Where there are standards set forth in this BPPUD Document not addressed by the LDC B. UnlesS otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this BPPUD will be subject to the Adequate Public Facilities Ordinance, Ordinance Number 04-08. D. All conditions imposed and all graphic material presented depicting restrictions for the development of the Naples Daily News BPPUD shall become part of the regulations which govem the manner in which the BPPUD site may be developed. 2.4 DEVIATIONS A. A deviation from LDC, Section 4.05.02.C.5 requirement to construct a twenty-five foot (25') wide landscape buffer along Immokalee Road to provide a twenty-five foot (25') wide landscape buffer, without a six foot (5') high wall, berm or wall and berm combination. B. A deviation from LDC Section 4.02.13.G and Section 4.05.02.C.5, which requires a business park to provide a 25' wide landscape buffer around the entire boundary of a business park, to permit the following buffers: 1. East _ 25' wide buffer adjacent Creekside Commerce Park, without a wall or berm. 2. West _ 25' wide buffer adjacent to Granada Shoppes PUD, without a wall or berm, 3. South _ the 25' wide existing buffer and berm adjacent to the Pelican Marsh PUD shall be maintained for that portion of the Naples Daily News BPPUD located west and south of the existing berm and designated as open space, preserve, or lake area and supplemental plantings shall be consistent with Section 2.9.0. C. A deviation from LDC Section 4.05.02.A:3, Buffer Requirements. 2-2 Naples Daily News BPPUD {Bee lQ_24_06)clean Packet Page .2719- 4/12/2011 Item 17.B. A request to permit required landscape buffers and signs within recorded water and wastewater easements consistent with grant of easement restrictions as recorded in OR Book 2712. Pages 0624 - 0626, and O.R. Book 2712. Pages 0610 - 0612. 2.5 ROADWAYS A Roadways within the Naples Daily News BPPUD may be public or private. Standards for roads and driveways shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during preliminary subdivision plat approval or site development plan approval. The developer reserves the right to request substitutions to Code design standards in accordance the LDC or Code of Laws and Ordinances. 2.6 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights.of-way or access easements for landscaping. decorative entrance ways. and signage purposes shall be allowed subject to review and administrative approval by the Collier County Manager or his designee taking into account engineering and safety considerations during the development review process and prior to any installations. 2.7 CHANGES AND AMENDMENTS TO BPPUD DOCUMENT OR BPPUD MASTER PLAN Changes and amendments may be made to this BPPUD Ordinance. BPPUD Master Plan as provided in Chapter 10 of the LDC. 2.8 COMMON AREA MAINTENANCE Provisions for the perpetual maintenance of common facilities and open spaces will be provided by a Property Owners' Association or similar entity. as set forth in the LDC. 2-3 Naples Daily News BPPUD (BCe 1O.24-Q6)clc::lfl Packet Page .2720- 4/12/2011 Item 17.B. 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Naples Daily News BPPUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: i) Ground covered berms 3:1 ii) Rip-Rap berms 2:1 iii) Structural walled berms B. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Naples Daily News Business Park BPPUD boundary prior to preliminary subdivision plat and site development plan submittal. C. In order to minimize the visibility of loading and vehicular service areas on the westem side of the Naples Daily News Business Park BPPUD, the applicant. at the time of SDP submittal. will provide vegetative or physical screening at strategic locations. The screening may include appropriate buffer treatments, as well as, specific vegetative or physical screening located in close proximity to the service areas as methods to reduce visibility from adjacent property. D. The developer will suppiement the existing ficus hedge which presently serves as a buffer between the proposed BPPUD and the Bay Colony Development with 80 live oak trees 12 feet high with a minimum spread of 6 feet at the time of planting. Additionally these oak trees will be supplemented with ficus trees, to the extent the County will allow the use of fiCUS trees, to create an opaque buffer. The developer agrees to work with the Bay Colony Property Owners' Association to gain County approval for the use of the ficus trees. The supplementary oak and ficus trees will be located in the buffer area at field selected locations between the Creekside PUD on the east and the point on the west where the buffer turns south. This distance is approximately 1.1 DO feet. In the event that the ficus hedge is damaged by a windstorm to the extent of a reduction in the opaque value of 50% or more, the developer agrees to replace or reset, whichever is appropriate. any of the 80 live oak trees installed above and install or reset the ficus trees as necessary to restore the buffer as close to its pre-storm condition as reasonably possibie considering the availability of tree materials at the time of the restoration. E. The southerly portion of Parcel A shall be heavily planted with trees and shrubs to create the needed park-like setting to buffer the noise and odor impacts from printing activities. 2-4 Naples Daily News BPPUD {BCe 10_24...(6)deal'l Packet Page -2721- ~-_. 4/12/2011 Item 17.B. F. The developer shall provide additional trees in an amount that equals 30% of the minimum tree requirements set forth in the LDC. Additional vegetative material shall be installed near the intersection of Immokalee Road and Creekside Way in substantial compliance with Exhibit H, Conceptual Landscape Plan. The landscaping located on the Immokalee Road frontage shall be in substantial compliance with Exhibit H and shall consist of oak trees and shrubs. 2.10 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and deveiopment or redevelopment of land under unified ownership or control, as set forth in of the LDC. B. The Naples Daily News Business Park BPPUD is a planned community and will be developed under unified control. The developer will establish approved design guidelines and standards for business services, commercial uses, and related community features and facilities, which include features and facilities such as landscaping, signage, lighting, pedestrian systems, fences, buffers, and other similarfacilities. C. All business park land uses shall be subject to Chapter 5 of the LDC, as applicable, except where a deviation was approved. For purposes of this BPPUD, any building fac;:ade facing the required extension of Creekside Way shall not be considered a primary fac;:ade. D. please refer to Section 3.4.C.6 of the BPPUD for additional building design standards. 2.11 SUBDIVISION PLAT f SDP PHASING submission, review, and approval of preliminary or final subdivision plats or site development plans for the project may be accomplished in phases to correspond with the planned development of the property. 2.12 GENERAL PERMITTED USES Certain uses listed beioW shall be considered general permitted uses throughout the Naples Daily NewS BPPUD, except where in conflict with any conservation easement. General permitted uses are those uses which generally serve the developer and residents of the Naples Daiiy News BPPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 2.5 Naples Daily News BPPUD {Bee 10-24-0b)clean Packet Page .2722- .-.-_- 4/12/2011 Item 17.B. 1. Essential services as set forth under LDC, Chapter 2. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads, bridges, or other architectural or structural bank treatments. 4. Community recreational facilities. 5. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including the necessary access ways, parking areas and related uses to serve such offices. 6. Landscape features including, but not limited to, landscape buffers, benns, fences and walls subject to the standards set forth in Section 2.9 of this BPPUD. 7. Directional and informational signage, real estate signs, or project monument sign age 8. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road. Ten feet (10'), except for signage located within medians. 2. Setback from BPPUD boundary: Fifteen feet (15'), except that signage shall be in compliance with the LDC or as specified in the Naples Daily News BPPUD. 3. Minimum distance between unrelated structures - Fifteen feet (15'). 4. Setback from lake/water management area: Twenty feet (20'). 5. Maximum height of structures - Thirty-five feet (35') as measured from required minimum flood elevation. 2.6 Napl~ Daily News BPPUD (Bee IO~24-06)c:lean Packet Page .2723- 4/12/2011 Item 17.8. 6. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of site development plan approval. 2.13 OPEN SPACE REQUIREMENTS The LDC requires that business park projects maintain open space at a minimum of 30% of the project area, The project will be designed in accordance with this standard and open space areas shall be shown on the site development plan and/or subdivision plat, whichever may be required. The 30% open space requirement shall be applicable to the BPPUD, and is not required to be met on individual development parcels. 2.14 SIGNAGE A. GENERAL 1. All Collier County sign regulations in force at the time of sign permit application shall apply unless approved as deviations in Section 2.3 of this BPPUD. 2. Signs shall be permitted in private rights-of-way and within buffer, utility and drainage easements. 3. All signs shall be located so as not to cause sight line obstructions, 4. All intemal project rights-of-way, drive aisles, or access easements may be utilized for decorative landscaped entrance features and signage subject to review and approval from the County Manager of his designee for consistency with the requirements set forth herein, 5. Ground signage shall be restricted to monument type signs similar in style and size to those installed at Creekside Commerce Park. No pole signs shall be permitted within the Naples Daily News Business Park BPPUD B. TRAFFIC SIGNS 1 . Traffic signs such as street signs, stop signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size of the signs shall be in accordance with DOT criteria. 2-7 Naples Dail)' News BPPUD (BCe 1O_24-06)dean Packet Page -2724- --------.... 4/12/2011 Item 17.B. 2.15 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS A. The developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with the LDC. B. Roadways within the Naples Daily News BPPUD shall be designed and constructed in accordance with the LDC with the following substitutions: 6.06.02; Streets and access improvements 1. Section 6.06.02; Sidewalks, bike lanes and bike paths. Creekside Boulevard is an existing roadway and has been constructed with a 5 foot wide sidewalk on one side of the roadway. Creekside Way will serve as the primary project access to Immokalee Road and this roadway has been constructed with a sidewalk on one side of the roadway prior to approval of the Naples Daily News BPPUD. The developer shall provide internal pedestrian connections to the existing pedestrian network; however, the developer shall not be required to retrofit eXisting roadways to include additional sidewalks. The developer shall be pennitted to make payment in-lieu of construction of the sidewalks. 2-6 Naples Daily News BPPUD {BCe lO-24...Q6)ck<ln Packet Page .2725- 4/12/2011 Item 17.B. SECTION III BUSINESS PARK uBP" 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for development areas within the Naples Daily News BPPUD. 3.2 GENERAL DESCRIPTION The approximate acreage of the business park is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site developmel1t plan or preliminary subdivisiol1 plat approvals il1 accordal1ce with the LDC. A maximum of 400,000 square feet of Business Park light industrial uses as listed below in Section 3.3 shall be permitted withil1 the BPPUD 3.3 PERMITTED USES AND STRUCTURES A. Permitted primary uses (Parcel A). Parcel A of the Naples Daily News BPPUD district acreage is aliowed to be developed with the followil1g uses (where numbers follow in parentheses, the uses are based on the 1987 SIC Manual): 1. Communications (groups 4812-4899, including only rooftop or groul1d mounted communication towers and subject to Section 5.05.09 of the LOC.) 2. Motion picture production (groups 7812-7819) 3. Printing, publishing and allied industries (groups 2711.2796) 4. Publishing, telecommunications, motion picture and video, broadcasting, internet publishil1g industries and other information services. 5. Advertising and direct mailers and photography. including mailing, distribution, collation. insertion of products in newspaper, non- newspaper products and cOl1tainers and outside publications. 3-\ Naples Daiiy News BPPUD tBee 10_}4-06)ckan Packet Page .2726- 4/12/2011 Item 17.B. 6. Information management and software. 7. Independent artists, writers and performers. 8. Printing and business support services. 9. Newsdealers and newsstands. 10. All forms of multi.media uses including but not limited to publishing, marketing, distributing, broadcasting, film production, software, internet, intranet, video, communication and information technologies and mediums noW existing or subsequently created, adapted or discovered; it being the intent that such future technologies and mediums be deemed "Permitted Uses". 11. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). B. Pennitted primary uses (Parcel B). Parcel B of the Naples Daily News BPPUD district acreage is allowed to be developed with the following uses (where numbers follow in parentheses, the uses are based on the 1987 SIC Manual): 1. All uses permitted on Parcel A 2. Aircraft parts and auxiliary equipment (group3728) 3. Apparel and other finished products (groups 2311-2399) 4. Building contractors (groupS 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction, and truck and automobile assembly plant construction. 5. Construction: Special trade contractors (groups 1711-1799 except for boiler erection and installation contractors; fuel oil burner installation and servicing contractors; gasoline hookup contractors; sewer hookups and connection for buildings contractors: epoxy application contractors; fireproofing buildings contractors; gasoline 3-2 N2.pk~ D<1il)' News BPPUD (l;KC ] O~24.06)cle:m __ Packet Page -2727- 4/12/2011 Item 17.B. pump installation contractors; lead burning contractors; and mobile home site setup and tie down contractors) 6. Electronics and other electrical equipment manufacturing (groups 3612,3613,3624,3625,3631,3641.3676,3678,3679, 3694, 3695, 3699, except for airport lighting transformers, autotransformers, electric (power transformers) distribution transformers, electric; electric fumace transformers; lighting transformers, street and airport; transformers, reactor; atom smashers (particle accelerators; electron beam metal cutting, forming, and welding machines; electron linear accelerators; electrostatic particle accelerators)) 7. Furniture and fixtures manufacturing (groups 2511 -2599) 8, Industrial and commercial machinery and computer equipment (groups 3524, 3546, 3553.3556, 3559, 3562, 3564.3566, 3581.3599 except for bronzing and dusting machines for printing trades: foundry type for printing; presses, printing. slugs printers'; ammunition and explosives loading machinery; brick making machines; cement making machinery; chemical kilns; control rod drive mechanisms for use on nuclear reactors; foundry machinery and equipment; frame straighteners, automotive (garage equipment): fur sewing machines; ginning machines, cotton: metal finishing equipment for plating, except rolling mill lines; metal pickling equipment, except rolling mill lines) 9. Leather and leather products (groupS 3131.3199) 10, Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks manufacturing (groupS 3812.3843, 3845-3873) 11. Medical laboratories and research and rehabilitative centers (grouPS 8071-8092, 8099) 12. Miscellaneous manufacturing industries (groups 3911.3999 except for dressing of furs: bleaching, blending, curring, scraping, and tanning; feathers: curling, dyeing, and renovating - for the trade; fur stripping; furs dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping, curring, tanning, bleaching and dyeing; plumes, feather; tear gas devices and equipment; veils made of hair) 3-3 Naples Daily New; BPpul) {Bee lO_24-06\clean Packet Page -2728- 4/12/2011 Item 17.B. 13. Paper and allied products (groups 2652-2657, 2673-2679) 14. Plastic materials and synthetics (groups 2833.2834) 15. Printing, publishing and allied Industries (groups 2711-2791) 16. Rubber and miscellaneous plastic products (groups 3021, 3085, 3086,3088,3089) 17. Transportation equipment (group 3732, except for boats, fiberglass: building and repairing; boats: motorboats, sailboats, rowboats, and canoes. building and repairing; houseboats, building and repairing; motorboats, inboard and outboard: building and repairing) 18. Whoiesale trade - durable goods (groups 5021-5031, 5043-5049, 5063_5074,5078,5091,5092,5094-5099 except for fencing, wood- wholesale; lumber. rough, dressed, and finished-wholesale; batteries, except automotive.wholesale; storage batteries, industrial-wholesale; unit substations-wholesale; boilers, power: industrial-whoiesale; boilers, steam and hot water heating-wholesale; bumers, fuel oil and distillate oil-wholesale; oil bumers-wholesale) 19. Wholesale trade-nondurable goods (groups 5111.5143, 5145. 5147- 5149, 5192, 5199 except for cats-wholesale; charcoal-wholesale; dogs.wholesale; fish, tropical.wholesale; furs. dressed-wholesale; greases, animal and vegetable.wholesale; ice, manufactured or natural-wholesale, leather and cut stock.wholesale; linseed oil. wholesale; oils, except cooking: animal and vegetable-wholesale; oilseed cake and meal-wholesale; rubber, crude.wholesale; sawdust- wholesale; vegetable cake and meal-wholesale; wigs.wholesale; worms-wholesale) C. Uses accessory to permitted uses: 1. Uses and structures that are accessory and incidental to uses permitted as of right in the BPPUD, including but not limited to storage, warehousing, distribution of paper, ink, printing chemicals, aluminum and other plates, and other materials and products used or useful in connection with permitted uses. 2. Caretaker's residence, subject to Section 5.03.05 of the LDC. Naples Daily News BPPUD (BCT lo-24.06}Clean 3-4 __ Packet Page .2729-. 4/12/2011 Item 17.B. 3, Eating places, including coffee shops. No alcoholic beverage sales shall be permitted. 4, For business park uses, retail sales and/or display areas as accessory to the principal use shall not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use and is further subject to retail standards for landscaping, parking and open space. 5. Other comparable uses not specified as deemed appropriate by the Board of Zoning Appeals. 3.4 Building Development Standards A. Minimum buildable area: 20,000 square feet. 8. Minimum buildable lot width: 100 feet. C Minimum yard requirements for principal and accessory structures: 1. Front yard: a. Immokalee Road: b. Internal roads: Fifty feet (50') Twenty.five feet (25') 2. Side yard: Ten feet (10') 3. Rear yard: Ten feet (10') 4. From PUD boundary: Fifty feet (50') 5. Preserves: b. Principal structure: Accessory structure: Twenty-five feet (25') Ten feet (10') a, 6. For that portion of a building exceeding fifty (50') feet in height that portion shall be required to maintain a minimum setback from the property line at a ratio of two horizontal feet for each one foot of vertical height. 7. Lake/water management (from control elevation): a. Principal structure: Twenty feet (20') b. Accessory structure: Ten feet (10') 3-5 Naples Daily N~w:> BPPUD (Bee 10_24-06lckan Packet Page .2730- 4/12/2011 Item 17.B. 8. Distance between structures: If there is a separation between any two principal structures on the same parcel, said separation shall be a minimum of 15 feet Dr a distance equal to that required by applicable fire codes. 9. Maximum height of structures: Seventy.five feet (75'), zoned height as, measured from required minimum flood elevation in Parcel A and twenty -five feet (25') zoned height as measured from required minimum flood elevation for Parcel B. The Naples Daily News print press portion of the building shall be limited to 75 feet in height above minimum flood elevation. That portion of the building shall be designed with a flat roof. No antennae, satellite dishes nor other encroachments shall be allowed above the 75 foot maximum building height. For purposes of this BPPUD, the measurement of actual height shall be measured as that for zoned height. 10. Minimum floor area: One thousand square feet. 11. The development of Parcel B shall be subject to the following limitations: a. No outside lighting on the southern side of any building constructed on Parcel B, and no lighting of the parking iot except to the extent required by the County. To the extent parking lot lighting is required, cutoff type fixtures or shields will be used to direct the light downward onto the parking lot. b. Any loading facility will be located only on the northern facing portion of any building, and building height is limited to twenty.five (25) feet above minimum required flood elevation. c. No outside storage or outside fabrication IS permitted on Parcel B. 12. Development of Parcel A shall be subject to the following limitations: a. The only outside architectural lighting allowed will be on the north side of the building. 3.6 Naples Daily News BPPUD (Bee lO-24-06)cle:m _,!,ack.:!..Page -2731. 4/12/2011 Item 17.B. b, No signage, other than directional, shall be located on the south side of the building. c. No lighting or sign age shall be placed on the 75 foot portion of the Naples Daily News building. d. All building and parking lot lighting shall consist of "cutoff' type fixtures or shields to direct the lighting downward onto the parking lot. No lighting fixtures illuminating the parking area shall be located on poles more than 20 feet in height. 13, Any permanent generator shall be required to be housed in an enclosed area in order to reduce noise emissions. 3-7 Naples Daily News BPPUD (Bee IU_24_06)clean Packet Page -2732- 4/12/2011 Item 17.B. SECTION IV PRESERVE Up" 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Naples Daily News BPPUD designated on the Master Plan as "p., Presetve. 4.2 GENERAL DESCRIPTION Areas designated as "P", Presetve on the Master Plan are designed to provide consetvation and may accommodate passive recreation and water management uses and functions. The acreage of the Presetve area is indicated on the Master Plan. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, which is inconsistent with the consetvation easements recorded in OR Book 2089, Page 0831, OR Book 2107. Page 1701, OR Book 2260. Page 1B69. of the Public Records of Collier County. Florida, the drainage easement recorded at O.R. Book 2414, Page 34BO and other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks. benches, nature trails and shelters, as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation. 2. Water management structures in wetland presetves. 3. Uses and structures permitted by the consetvation easements and drainage easement referenced above. 4. Any other consetvation use in accordance with Section 3.05.07 of the LDC which is comparable in nature with the foregoing uses and which the Environmental Setvices Department Staff determines to be compatible in the Presetve Area. Other uses of a comparable nature 4-1 Naples D41ily New!' BPPtlD (BCe lo-24-06}.:\e::1.I1 .. Packet Page -2733. -----.-- 4/12/2011 Item 17.B. and not administratively permitted within preserves shall require the approval by the Board of Zoning Appeals. 4.4 DEVELOPMENT STANDARDS A. Maximum height of structures: Twenty.five (25) feet. B. Building setbacks: 1. Principal structures:Twenty.five (25) feet 2. Accessory structures:Ten (10) feet 4.5 LANDSCAPE BUFFERS A. Where Chapter 4 of the LDC requires landscape buffers, and preserve areas are shown. landscape buffers shall consist of preserve vegetation, when demonstrated that it meets or exceeds requirements of Chapter 4 of the LDC. Landscape buffers shall remain exotic free. All code requirements must be met regarding preserves acting as landscape buffers . 4-2 Naples Daily Ne-I,I.:s BPPUD [BCe lO_24.06)ch:an Packet Page .2734- ---.-----" 4/12/2011 Item 17.B. SECTION V OPEN SPACE "OS" 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the areas within the Naples Daily News BPPUD designated on the conceptual master plan as 'OS", open space. 5.2 GENERAL DESCRIPTION Areas identified as "OS" open space on the conceptual master plan are designed to provide usable open space, recreation. water management. and other open space and recreational uses. 5.3 PERMITTED USES AND STRUCTURES. A. Permitted Principal Uses and Structures 1. Lakes. water management facilities, preserves and water control structures. 2. Boardwalks. benches, nature trails, bridges. cart paths, golf course. and related facilities. Golf course related improvements shall not be expanded; however. they may be reconstructed and maintained in accordance with the conservation easements and drainage easement referenced in Section 4.3 of this BPPUD. 3. Any other recreation or open space use consistent with recreational or open space uses permitted by right in the "CON" Conservation District of the LDC. 5.4 DEVELOPMENT STANDARDS A. Maximum Height: Twenty-five (25) feet. B. Setbacks: Zero (0) feet. 5-1 Napks Daily News BPPUD (BCe IO-24-0b)C1ean _ Packet Page -2735. ---. 4/12/2011 Item 17.B. SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Naples Daily News BPPUD project. 6.2 PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable State and Local laws, codes and regulations except where specifically noted. B. The BPPUD Master Plan (Exhibit A) is an illustration of the conceptual deveiopment plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary subdivision plat or site development plan approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities, D. The developer will implement the concept of "parkiets," i.e., small.scale opportunities for pedestrian seating and/or visual nodes of interest incorporated adjacent to buffers. buildings, other open space areas on the site, and pedestrian connections. A parklet shall be defined as a garden space incorporating a minimum of three of the following elements: decorative pavers, two canopy/accent trees, site furniture (such as 5' bench, trash receptacle/ash urn, etc.), pedestrian pathway and/or water feature/sculpture. The location is intended to provide a visual node of interest within the project site and/or create a cue for pedestrian ingress/egress. The developer shall provide a minimum of 3 parklets, within the business park at the general locations shown on the conceptual park / parklet plan (Exhibit E). Parklets shall vary in size; however, the ,minimum size for any singie parklet shall be two hundred (200) square feet, and the minimum aggregate size of the parklets shall be fifteen hundred (1,500) square feet. In addition, one "linear park" shall be developed along Immokalee Road, expanding the buffer into the project site and it may incorporate such key 6-1 Naples Daily News BPPllD (BCe 10-24-0b}ckan Packet Page -2736. 4/12/2011 Item 17.B. features/options as: sculpture, water features, decorative pots, seat walls and/or enhanced plantings (palms/trees/shrubs/groundcovers). This park may become "architectural" in layout, offering a transition between the structure's architecture and the buffer along Immokalee Road frontage and is more reminiscent of an urban setting. 6.3 ENGINEERING A. Except as noted herein, all project development will occur consistent with the LDC. 6.4 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Central water and wastewater service will be provided by the appropriate govemmental and/or private utility provider. Appropriate utility easements will be dedicated to the utility provider in accordance with the procedure adopted by the utility provider. B. Upon completion, the utility facilities shall be tested to insure that they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. Utilities shall be designed in accordance with the Collier County Utilities Ordinance No. 04.51. 6.5 WATER MANAGEMENT A. The project shall be designed and pennitted in accordance with standards of the South Florida Water Management District. B. The lake originally approved as Lake L.1, Creekside Unit I Plat, shall continue to be operated and maintained in accordance with the approved plat and approved South Florida Water Management District Permit. C. Prior to discharge into the existing southerly lake within the project, stonnwater shall be pretreated to applicable government standards and a water management maintenance easement shall be granted for the southerly lake to the Pelican Marsh Community Development District (COD). The developer shall not seek to permit any interconnection, overflow or discharge from the project's southerly lake into the COD's water management system, consistent with the Memorandum of Johnson Naples Daily News BPPUD (Bee IO-24.06}cle.an 6-2 . ___ Packet Page .2737. 4/12/2011 Item 17.B. Engineering, Inc. dated July 19, 2006, a copy of which is attached hereto as Exhibit G. D. Prior to the County issuing a final site development plan for any portion of the project, developer shall enter into an agreement with the Pelican Marsh COO that shall include provisions for the COD to review water management pians and for the owner of the property within this BPPUD to pay the maintenance costs for the project's southern water management lake to the CDO. E. The projecs conceptual water management system has been described in the water management report provided in the rezone application materials. A copy of the conceptual water management plan is included in the BPPUD Document as Exhibit F. 6.6 ENVIRONMENTAL A. An exdtic vegetation removai, monitoring and maintenance plan for the site shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic vegetation removal shall be submitted with the above.mentioned plan. B. A minimum of 15 percent of the site's native vegetation shall be retained or replanted in accordance with the LOC. For this site a minimum of 0.371: acres of native vegetation shall be retained on-site. The BPPUO shall include approximately 2.61: acres of preserve area as shown on the Conceptual Master Plan. C. Areas subject to previously recorded conservation easements shall be maintained in accordance with the applicable conservation easement D. This BPPUD shall be consistent with environmental sections of the GMP Conservation and Coastal Management Element and the LOC at the time of final development order approval. E. This BPPUD shall comply with the guidelines of USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those species shall be submitted to environmental review staff for review and approval prior to site/plan approval. F. All conservation areas shall be designated as tracts/easements with protective covenants. Easements shall be dedicated on the plat to the 6-3 Nap\(:~ Daily News BPPUD (BCT 10.24-D6)Ckan Packet Page -2738. ------.--- 4/12/2011 Item 17.B. homeowner's association for ownership and maintenance and to Collier County with no responsibility for maintenance. G. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. H. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. I. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final site plan/ construction plan approval. 6.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to and govemed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Extemal access points, including both driveways and proposed streets, shown on the BPPUD Master Pian are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site pian or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. No. 01-247), as it may be amended from time to time, and with the Collier County Long.range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional 6-4 Napks Daily News BPPUD (BCe lo.24-06)c:lean Packet Page -2739. 4/12/2011 Item 17.B. external access points shall be considered unless a PUD amendment is approved. D. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. E, Road impact fees shall be paid in accordance with Collier County Ordinance No. 01-13, as amended, and the LDC, as it may be amended. F. All work within Collier County rights--of-way or public easements shall require a right.of-way permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01.247), as it may be amended, ,and the LOC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operationai circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title. or assignee, L All private internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. J. The developer shall make a proportionate fair share payment toward future signalization and intersection improvements of Creekside Boulevard at the U.S. 41 and Goodlette.Frank Road intersection if and when warranted. K. The BPPUD Master Plan depicts a potential pedestrian interconnection with the adjacent property to the west, the developer, or assigns, shall assure that these interconnections shall accommodate the perpetual use 6-5 Naples Daily N~ws BPPUD (Bee 10-24-06 'lciean Packet Page .2740- .-.-------- 4/12/2011 Item 17.B. of such access by incorporating the appropriate language into the applicable development covenants, and SOP or plat. L. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO or when warranted by the County. M. The developer shall provide separate proportionate share payments for development of Parcels A and B not to exceed 15% of the road impact fees for development of Parcels A and B to address congestion management strategies in the Northwest Transportation Concurrency Management Area (TCMA), which will include the funding for intersection improvements and enhancements to transit and pedestrian facilities. The proportionate share payments shall include a credit in the amount of $75,000 for the installation of the SCOOT system at the U.S. 41 and Immokalee Road intersection and the next two easterly signalized intersections on Immokalee Road, a credit for the extension of Creekside Way to Creekside Boulevard shall be provided. The credit will be applied only to the 15% proportionate share payment above the current road impact fee. N. prior to the issuance of the first CO for the Parcel A, Creekside Way shall be extended south to Creekside Boulevard. If the land and construction costs of the Creekside Way extension exceed the proportionate share payment due for development of Parcel A, the excess shall be applied as a credit for the proportionate share payment due for development of Parcel B. Staff shall permit the right-of.way cross-section for Creekside Way to vary from typical LOC standards in order to accommodate the roadway extension due to the presence of existing utilities located within the Creekside Commerce Park PUD. O. The appropriate department of the Naples Daily News shall instruct general delivery vehicles to utilize Creekside Boulevard between the hours of 7:00 a.m. and 10:00 p.m. daily. P. Ingress and egress by delivery trucks to the Naples Daily News building shall be restricted to use of the driveway connection to the Granada Shoppes between the hours of 10:00 p.m. and 7:00 a.m. daily. This access shall be gated and shall be available for use by Naples Daily News deiivery vehicles during the hours of 10:00 p.m. and 7:00 a.m. Northbound delivery vehicles shall turn east on Immokalee Road 6.6 Napl~:s Daily News BPPUD (BeT lO-24-Ob)dean Packet Page -2741- ---'- 4/12/2011 Item 17.B. 6.8 AFFORDABLE HOUSING Collier County and the developer of the Naples Daily News Business Park BPPUD have cooperated to address affordable housing impacts associated with the project. The developer, or its successors and assigns. shall make a financial contribution to Collier County in the amount of $.50 per square foot of press plant (non-office) building area constructed within the BPPUD. This contribution shall be paid within seven days of the issuance of a CO for the improvement receiving the CO. 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II, I ...If 'Ill lie. .\ :, ., il "i I tj . /111\ .\ I :.. ~i "i :1 :I :1 :i . , .. ;; ~ . et: ta .:, " " tr.I c.,E= ! ~ ~ill i\ il .... ~ ~aii i ~ S~d : ll:l ~l~ Il: !: ~h i CCI -.j, l: :E t: l:l a ...., II II:l..; t. ~. Hi ~ 1:1 a\ ~!'l' 1'1 I. !! Iii i " i : I t; gl ~ '!iI! tI:I , lJ) .,. ,.... N , OJ bD ro 0.. ..... OJ .>(, u ro 0.. I I \ i I Ii .1 hil I.:' 11!\n I Ihlhllhlll ;~:::~f:;~~5b: 4/12/2011 Item 17.B. NAPLES DAILY NEWS BPPUD EXHIBIT D DEVIATIONS A A deviation from LDC, Section 4,06.02.C.5 requirement to construct a twenty.five foot (25') wide landscape buffer along Immokalee Road to provide a twenty-five foot (25') wide landscape buffer, without a six foot (6') high wall, berm or wall and berm combination. The deviation from the requirement to provide a S' high wall or berm within the 25' wide buffer is justified given the limited uses proposed in the Business Park and the project's iocation adjacent to an indusmal park and retail center. Providing a landscaped buffer will be more consistent with the landscaping treatment along this corridor of Immokalee Road, The project will be designed in compliance with the County's Architectural Standards and compliance with these standards does not warrant the creation of an opaque buffer treatment B A deviation from LDC Section 4.02.13,G and Section 4.0S.02.C.5, which requires a business park to provide a 25' wide landscape buffer around the entire boundary of a business park, to permit the following buffers: 1. East - 25' wide buffer adjacent Creekside Commerce Park, without a wall or berm, 2. West - 25' wide buffer adjacent to Granada Shoppes PUD, without a wall or berm. 3. South - the 25' wide existing buffer and berm adjacent to the Pelican Marsh PUD shall be maintained for that portion of the Naples Daily News BPPUD located west and south of the existing berm and designated as open space, preserve, or lake area and supplemental plantings shall be consistent with Section 2,9.0, The deviations from the required 25' wide buffer with a S' high berm or wall are justified given the locations of the proposed Naples Daily News BPPUD, adjacent to the developed indusmal uses of Creekside Commerce Park PUD and the existing retail shopping center, Granada Shoppes PUD. These projects are non--residential uses and have existing buffers in place. An existing berm and landscape buffer exists along a majority of the project's southern boundary, which meets the intent of the buffers required for a business park. That portion of the Naples Daily News BPPUD which is designated as preserve and open space abuts adjacent Pelican Marsh PUD NDNBPPUD ~ EXH D Deviations.doc Packet Page -2746- 4/12/2011 Item 17.B. tracts having similar open space uses, which do not warrant the strict 25' wide buffer with opacity to 6' in height for areas limited to open space and preserve uses. The proposed altemative buffers will provide appropriate buffering between the proposed light industrial uses and the existing adjacent industrial and retail uses. C. A deviation from LDC Section 4.06.02.A3, Buffer Requirements. A request to permit required landscape buffers and signs within recorded water and wastewater easements consistent with grant of easement restrictions as recorded in OR Book 2712, Pages 0624 - 0626, and O.R. Book 2712, Pages 0610 - 0612 This deviation is warranted due to the previously granted easements to Collier County which pennit landscaping within recorded easements, subject to limitations found within the recorded easement agreements. Copies of the recorded easements have been attached for reference. NDNBPPUD - EXH D DeYiatic)ns.doc Packet Page -2747- z; ;;;;- :r. ~ ~ c' ~ .: d c::: .... ~ ~ ... C> d ,,; Co. -- .;.:: ... d Co. d Cl .... '" II> ... c.> '" c 0 o '" U~ ,~ ~ .~ ~ u..l f- "' - CO ...:' <e' ;, - ::i 0 :r: <, >- ;x: ~; < -' u..l . ~ c' ::; ;L " ~ ! ;< ,I => I! ;;:.. D ~ i ze I' 81 ,I II il ! I' II I - ~ ~ - " ~ >- ;- ~ 1 1 ~ ~ e !.b . .~ ! II il i I , I I i , Ii ~I i I II, !il I , I fp hi i ! Ii II ! I ! '. ," .r I! ~ 'r" ld !I Ii iP! i i !, I; ~ .. h II "., " ;15;11" ~ ,. ~ if:i! i -' .. F! I ,..,., =-" ~[...!I , ,I i ~~~ ~ ,~; : :;:~ : ;:E Ii i !! IE'. ~ I , II:: oCi :::~-" ....~~ '" I'" i.' I.- .' iH' ~ ___~U__ .~"'-~ J>. -- -->. N N o -->. .>. . <1> 3 -->. :--I OJ --- ...,- IIT'W .. ..- ~.- UOIO~~" ~~ a/WJf1 SA.2N 1.71"1 ....... ';::'~"'::::::- _.- _..::::::r-- ~ ':..::;' 1d~iID'I;:::-'" - - _ldlF.1'& ......- --- - , I I !i I 1:~:::0:~'~:':0"~1 I: I I.... ." .... .\ I ~i :::::><)'f>l. II rl 11::":::::::::::..\;(.;,,,r:I' II I ,t..'.. .... .. w.... '1 " ~~~~2U\T-f~'., -.-.......;-- I II Ii I Ii III g . ~ I d' E II ! ! II . '" I .;- r-- N , " bO to 0- - " -'" U to III I 0- Ii ,I, ~ ,I ~ I "" .. "" I. .' ..~ ~ I .~ "'~ .., .., u ~w Z .. "" ;;; .. !: " '" ~ & . . ~ . DO 4/12/2011 Item 17.B. )OHNSEDN ENGINEERING TO: Wayne Arnold /.- .....?-<: ~. Chris HagaL':::~-----~ DATE: July 19, 2006 Naples Daily News Business Park - RE: Water Management ~ FROM: This memorandum is submitted as a foliow.up to correct and clarify the proposed water man- agement system for the referenced project. In particular, there is some confusion as to how the interconnection between the Pelican Marsh CDD water management lake (Lake 43) and the rest of the Naples Daily News Business Park drainage works. Lake 43 is totally isolated from the rest of the water management system for the Pelican Marsh CDD. It is the intention of the Naples Daily News Business Park water management system to utilize this isolated lake for stor- age and attenuation of storm water during rainfall events. This isolated lake has a perimeter berm that holds all the water on the site. This project is designed to have Lake 43 discharge back through the Naples Daily News Business Park out to the north Naples canal. The Naples Daily News Business Park system is not designed to discharge into the adjoining wetland or anywhere within the Pelican Marsh water management system. Only during extreme high water events (exceeding a 25- year storm) could this isolated system be overtopped and the waters mixed. In that event, it is equally likely that water could flow from or into the Naples Daily 1'\ews water management system. These are independent water management systems and confirmation of tl1e separation will be documented as we proceed with final plan design, pennit- ting and construction of the proJect. I apologize for any confusion regarding this, but these are two independent water management systems currently, and will remain as such, throughout the designing, permitting, construction and operation oflhe Naples Daily News Business Park. Should you have any further comments or questions regarding this, please contact me, Copy: Dave Borden (!:I/OOOO;1006;07 t9(i6 crlh /0 WcrJ"IC Arnold N(fp/~s On/I)' N~'h'j.rloc 235C Stnnlllrd CoUrt. N.\ple:;, Fluilda H 112 (239) 434-Cl1_~ . F:\x (2\4) 434.1.)320 Packet Page .2750- ~: ~ ;... 'r< I ,,' '. ,," . _,' I. _, ,;; E) 'f',.of.:.1l .Ii ? , .(1 ,,',.,'l ' : f. .f ;-, .,.-~,....;..:t l'~"~ ,:,-~-- , ;.~;; 'f;;. -.? ';.:' ll. '-il {i ~.. 'l., \ ., l.'~' p.r" .~,,~~ ......~:i:- ~.,. ~ , , ; I, ~ , ; Ir .1 f \i .. I I :\ :1 If !I t1 " . ;\ ~ .' .. ell I ~ I .. UJ Z I '1 oJ ::; '1~" , .. I .1 , :( ,,'..; -' :i '" {..t ./ I , 0 ... ''''J I- \ &. ell 8 '.' I ' UJ "0...' J .. -' " " c.. -< ~ 2< Z t1 " Z' "," AV,'iI. 3aJS>l33'd::l ~ 8 '" < ~ ~ "" rg i~ I ~ ~ !r' !l i~ " I " " "-J "' " .. .. " .. " II 'lE ;." - \" . ' \ \ / III ~ " " oJ .. .. " " " . . oJ ..: ~. ::: '? 'i ::r:: oJ t l- .. " ..... ., '" N , ., - ,. [ 0 II ~ ... z - Ii , - .. . ' @~ .. <' <X " " " IJ ./'>. - ....... N - N o ....... ....... .... CD 3 ....... -..J OJ 4/12/2011 Item 17.B. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E_ BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2006-49 Which was adopted by the Board of County Commissioners on the 24th day of October, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of November, 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board,.o-t,.:' d.... .. County Commission~s . " ~ LU-~~UjJ be \~ Teresa Dillard:' Deputy Clerk Packet Page -2752- 4/12/2011 Item 17.B. . Barron r, .' Collier COMPANIES April 5, 2010 Bay Colony Golf Club, Tnc. Attention: Richard Miller, President 9740 Bent Grass Bend Napies, FL 3410R The Estates at Bay Colony Golf Club Neighborhood Association 10495 Goodlette Road North Naples, F134109 Barron Collier Companies David Borden Director Commercial Real Estate 2600 Golden Gate l?ark:way Naples, FL 34105 Scripps Media, Inc. d/b/a Naples Daily News Chris Doyle, President & Publisher 1100 lmmokaJee Road Naples, FL 34110.4810 Amendment Naples Daily News Business Park Planned Unit DevelopmenJ To Whom it May Concern: The above referenced entities through their authorized representatives agree that the followlng text below is acceptable to all parties to submit to Coilier County for an amendment of Section 2.9D of the Naples Daily News Business Park Planned Unit Development (BPPUD) Amendment Ordinance No. 06-49. 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Naples Daily News BPPUD. The following standards shall apply: 2600 GOl "EN GATE PARKWAY. N",,,,,. Fl ORlDA 34105 . (239) 262-2600 . FAX (239) 262-2SR9 Packet Page .2753- 4/12/2011 Item 17.B. D The developer will supplement the existing ficus hedge which presently serves ~s ~ buffer between the BPPUD and The Estates at Bay Colony Golf Club Neighborhood Association, Inc. and the Bay Colony Golf Club, Inc. ("collectively Bay Colony") with eighty (80) Clusia Rosca trees with the size of at least twenty-five (25) gallon containers to be planted as designated by Bay Colony Golf Club. The supplementary Clusia Rosea trees will be located in the buffer area at field selected locations between the Creekside PUD on the ea<;t and the point on the west where the buffer turns south. The distance is approximately eleven hundred (J ,1(0) feel. In the event that the ficus hedge and/or Clusia Rosea trees are damaged by a windstonn to the extent of a reduction in the opaque value of 50% or more, the developer agrees to restore by replacement or resetting, whichever is appropriate, any of Clusia Rosca (installed) or ficus trees (existing) within the eleven hundred (1,100) foot area, with the intent to restore the buffer as close to its pre-stonn condition as reasonably possible considering the availability of tree materials at the time of the restordtion. The replacement or resetting of the trees will be for a total of one hundred sixty (160) trees. Whether the restoration will be with Clusia Rosea or ficus trees or both will be at the discretion of Bay Colony Golf Club. Developer shall be relieved of any further obligation or responsibility to restore the buffer after the initial replacement or resetting has occurred. After the Developer's initial replacement or resetting of the one hundred sixty (160) trees has occurred, Bay Colony Golf Club may, in its sole discretion, replace or reset any of said trees. The agreed upon text changes to the current BPPUD text are as shown on the attached document (Exhibit "A"). Text that is struck through is text to be deleted and text that is underlined is text to be added to Section 2.9D. This agreement replaces and supersedes that certain letter agreement dated June 14, 2006 between Bay Colony Property Owners Association a!kJa The Estates at Bay Colony Golf Club Neighborhood Association, Inc., Barron Collier Companies and Collier County Pubiishing Company a/kia Napies Daily News. APPROVED BY: BAY COLONY GOLF CLUB, INC. By, R'C~_d,"' Date: li-l~ -10 - 2- Packet Page -2754- 4/12/2011 Item 17.B. APPROVED BY: THE ESTATES AT BAY COLONY GOLF CLUB NE HBORHOOD ASSOCIA nON, INC. By: APPROVED BY: BARRONCOLLffiRCOMPAN~ By: {2/?;t! - DAVID BORDEN, Director Commercial Real Estate Daie:~ [-:15;' JOIO APPROVED BY: SCRIPPS MEDIA, INC. d/b/a NAPLES DAILY NEWS ~ By: CHRIS DOYLE, Publisher '!/t/Zv/u I I Date: 6J 1809,_03 \ 000000.0784 -3- Packet Page -2755. 4/12/2011/tem 17.B. Exhibit "A" Comparison of Proposed Amendment Text to Current Text of Naples Dailv News Business Park Planned Unit Development Ordinance 06-49 The following text shows the current BPPUD text and changes to that text proposed in this letter. Text that is struck through is deleted and text that is underlined is text to be added to Section 2.9D. 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, benns, fences and walls are generally permitted as a principal use throughout the Naples Daily News BPPUD. The following standards shall apply: D. The developer will supplement the existing ficus hedge which presently serves as a buffer between the proposed BPPUD and tAe- The Estates at Bay Colony DeveloplTlent with 80 live Dale trees 12 f.eet high with a 1TI1nllTlUFll sprees of 6 Feet at the tllTle of planting. AssltioAJlly tAese Dale trees will be suppleFllented with fieus i:rces, to tAe exteAt tAe County will allow the use of fieus trees, to create an opaque bI:lFf-cr. The devclCJper al3rees to worlc with the Bay Colony Property Owners'Golf Club Neiahborhood Association to gain County approval f-or the use of the ficus trees.. Inc. and the Bav Colonv Golf Club. Inc. ("Bav Colonv") with eiahty (SO) Clusia Rosea trees with a size of at least twenty-five (25) aallon containers to be Dlanted as desianated bv Bav Colonv. The supplementary sale aAe ficusClusia Rosea trees will be located in the buffer area at field selected locations between the Creekside PUD on the east and the point on the west where the buffer turns south. This distance is approximately eleven hundred (l,lOO}feel In the event that the ficus hedge isand/or Clusia Rosea trees are damaged by a windstorm to the extent of a reduction in the opaque value of 50% or more, the developer agrees to replaeerestore bv reDlacement or resettina, whichever is appropriate, any of the 80 live oak trees Clusia Rosea (installed above and install) or reset the ficus trees as neeessary(existina) within the eleven hundred (1100) foot area. with the intent to restore the buffer as close to its pre-storm condition as reasonably possible considering the availability of tree materials at the time of the restoration. The reDlacement or resettina of the trees will be for a total of one hundred sixty (160) trees. Whether the restoration will be with Clusia Rosea or ficus trees or both will be at the discretion of Bav Colonv. Develooer shall be relieved of any further obliaation or resDonsibility to restore the buffer after the initial reDlacement or resetting has occurred. After the initial reDlacement or resetting of the one hundred sixty (160) trees has occurred. Bav Colonv may. in its sole discretion. reDlace or reset any of said trees. 612512 v_Ol \ 114521.0001 Packet Page -2756- ~U~er County "S,;-#~~~~~'':,.~-.,.;..:''''";;!;;.:;.':~~~.::;;! 4/12/2011 Item 17.B. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION! PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.collieroov.net PRE-APPUCA TION MEETING NOTES o PLJD Rezone (?UDZ) o ?UD to PUD Rezone (f'UDZ-A) [ZJ PUD Amendment (FUDA) (I '01 r _ 4r ~ PL# ~C \, c-:::;;, CiUllO. (4[- Q I ! ftfJf , Dale: O. J' Time:)"".) Firm: f\nft7iJ \ 6 r~~ ProjeclName: ~lop\tS D()\\\t t\ews {RRI10AsizeofProiedSile: 35,24-acres Applicant Name: i?)y(A(~ A-v~reVC[;v\ t-:{~O, e:?L ~~ - ~f0 - '2i cf;; ~' Vlf'j \ --\- / C\tct ,tAl Ij G~(/~ Owner Name: --;::;;CV\fr \ \0. I -l-\(\V.. Pho e: Owner Address: City State ZIP Existing PUD Name and Number ~\ilVJ \fb ~(A'l\~ ~fAN~ Od. + 00- '14 \ II \~ f\ ,I~ Assigned Planner NOiV \ C~ G\lm ~ ()/>V \ Meeting Attendees: (attach Sign-In sheet) tAeeting Notes '--' .\ j' 4- \ -r, -S. t,. ~ .., ., '-"<"d~'''.)'' \ 'l, i,.-_~,.,?>L Q_.._,.., ~ ,~(:..,,,,;\"Ci f1., ~\, \. l." \;';. \ \,.,,,"'. (2 \ -- ,- '\ \ \ ' <:::"('-) _~~\r-..D ~ ('-.\....-1 ~ \ ~ " :\L 'cc("'-IF P--"- \- f L L' i'" b i~'S ,i'" s:: r/tizY__ ,~\ lS C 'f I.Xi 11 ~ >? 5 p-jl {ji___ 01V\ l,' i 1 t, -0-<--C:'z, ::' I . - , '1 J J _.~^",--r :,_rr ,",\. V'L'):;:-I.J/A~VIi2La". Packet Page -2757- . i~ L~ ((:Y\\..p . I J:.(t'-Vil-c"01; k.1 c.L l SUIJ,chGtnc+' fGr CtI1Y W\.ctCj J\ Cl.U-t \:...l<.{." !,\O'-<L-er L ~~~. Comer County -;:..;,#;<S'.;>IF:~\3'.,::t=l:"50~~==-,""""-~~= 4/12/2011 Item 17.B. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONj PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FflY.. (239) 252-6358 www.collierqov.net ?Ui) REZONE (?UDZ) F'Ji) to PUD REZONE (PUDZ.A) PUD AMENDMENT (FUCA) APPLiCATION SUBMITTAL CHECKUST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW WjCOVER SHEETS ATTACHED TO EACH SECTION. NOTE, INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # Of REQUIRED NOT COPIES REQl.lIRED STAN.DMD ~EQUlREM~NTS: .', " , y, 1 Additional set if located in fhe BayshoreJGatewoy Triangle I v/' Redevelopment Area) I':. 1 Additional set for School Board Review (if contains residential components) ?\ Copies of detailed description of why amendment is necessary I V /' Completed Application (download from website for current form) V- I' PUD Document & Conceptual Site Plan 24" x 36" and One 8 1/:;:" xli" copy g] '" ,"- Revised Conceptual Site Plan 24" x 36"and One 8 1/:>" x 11" copy D X Original PUD document and Moster Plan 24" x 36" ~! V I ONLY If AMENDING THE PUD /'-- Revised PUD document with changes crossed thru & underlined I y: Revised PUD document w Jamended Title page w J ord #'s, LDC 1 0.02.l 3.A.2 52JA x:- Deeds/Legal's & Survey (if boundary of original PUD is amended) 3 - /\ List identifying Owner & all parties of corporation 2 ^' Owner/Affidavit signed & notarized 2 X : Covenant of Unified Control 2 X I Completed Addressing checklist 2 Y Environmental Impact Statement (EIS) * or exemption iustification 2 >(~ Digital/electronic copy of EIS '\- 1 1 X. Historical Surveyor waiver request 4 I 'X ~ Utility Provisions Statement w/sketches 4 X Architectural rendering of proposed structures 4 "V , 0 Survey, signed & sealed 4 X Traffic Impact Statement (TIS) or waiver (with applicable fees) 7 ox: Copy of Traffic impact Statement (TIS) on CDROM 3 I V , /'0 Aerial photographs (taken within the previous 12 months min. scaled 1 "=200'), "'...../ r showing FLUCCS Codes, Legend, a;"ld proiect boundary 5 .r--... Eiectronic copy of all documents in Word format and plans (CORam or DisketTe) I 'l. :L ~ , Justification/Rationale for the Deviations (must be on a separate sheer 'vvithin the I D I \ / , ,,' application material; DO !'-IOT include it in the PUD documents) I /F". , \ Copies of Officiallnterpreto,tions and/or Zoning Verifications I i I X > 00__1JJ~ SvUrJ'!Y\;\1'R ('j j/ cD\~~~: ~l~ COfcGVY\!2;ilf dDC~UVVlQ;!/vf v\v 'J Packet Page -2758- l .:.-) ^ :~~-;" COHfer County '!J',,;~~~vit....,_""",._~_~:~ 4/12/2011 Item 17.B. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION! PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.collierClov.net '~fforci'qbl'~-Jiou)iing ~f:_ ~~o'!'I:om1~' p~~.~loPIrl:~:~rc_o_~n.dl_,rroie~s;..; EDC "Fast Track" must submit approved copy of official application OAffordable Housing "Expedited" must submit copy of signed Certificate of Agreement. **1f proied includes on Affordable Housing component, you are required to schedule a meeting before the Affordable Housing Advisory Committee by contacting the Collier County Housing and Human Services Department ot 239.252-2273. 2 x n If located in RFMU (Rural Frinae Mixed Use) Receivino land Areas Applicant must contad Mr. Gerry J. Lacoverol State of Florida Division of Forestry @ 239-690~3500 for information regarding "Wildfire Mitigation & Prevention Plcn"l LDC Section 2.03.08.A.2.a.(b)i.c. n If locoted within '/2 mile of City of Naoles send CODY of submittal oackaae to: Robin Singer, Planning Director City of Naples 295 Riverside Circle, Naples, FL 34102 o [8l Application Fee, 0 $10,000 (PUD Rezone) + $25 per acre (or fraction of thereof) 0$8,000 (PUD to PUD) + $25 per acre (or fraction thereof) ~ $6,00P (PUD Amendment) -i...,..~:.s 1-"''-' ........11:: (VI flu<...IIUII vf UII ....n.., 0:;:) ~ ...,f1("',OO?i ~ '} r->_D .L/t, $150.00 Fire Code Review / $100 for PUDZ-A uq U 0tL; ,f;pJ/~ aJlU~ $2,250.00 Comprehensive Planning Consistency Review 1 - I), $500.00 Pre_application fee 'an--- , (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required. b'vh_ $925.00 Legal Advertising Fee for CCPC meeting .~ $500.00 Legai Advertising Fee far BCe meeting (advertising costs are to be reconciled upon receipt of Invoice from Naples Daily News). Fees: o t o o o $2500.00 Environmental Impact Statement review fee $1000.00 Listed ar Pratected Species survey review fee (when an EIS is not required) Property Owner Notification fees. Property Owner Notifications $1.50 Non.certified; $3.00 Certified return receipt mail (to be pold after receipt of invoice from Dept. of Zoning & Development Review) Attach a Separate Check for Transportation Fees, (Refer to Exhibit A), o $500.00 Methodology Review Fee, if required . Additional Fees to be determined at Methadoiogy Meeting Fee Total $ PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Comments should be forwarded to the Planner orior to the due date SCHOOL DISTRICT I I PARKS & REC - Sid Kittila T SUPERVISOR OF ELECTIONS I I City of Naples - Robin Singer \ DR/EM1 _ EMER. MGMT - Jim Yon Rinteln \ IIMMOKALEE WATER/SEWER DISTRICT I I i Utilities Engineering - Zamira Deltoro I ., ~...I Packet Page -2759- _.:f,i~":; Colfi~"Y <;OUl1ty .;:;;.~ ,~,,"",-,.?"1\'~_A;$""_~~:,~~~.~ 4/12/2011 Item 17.B. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION! PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.collierllov.net PUBLIC PARTICiPAT!ON REQUIREMENTS LDe 10.03.05 F. Applicant must conduct at leost one Neighborhood Informational Meeting (NIM) ofter init;ol staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting sholl be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.8.8, Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Land Development Services Department and the Office of the Board of County Commissioners no less than ten (10) doys prior to the scheduled dote of the NIM. The applicant must make arrangements Tor the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location mop of the property for which the zoning change is being requested. The display advertisement must be one-fourth page in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned TO the project must attend the NIM cnd shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Land Development Services Department. As a result of mandated meetings with the public, ony commitments mode by the appiicant shall be reduced to writing and made a part of the record of the proceedings provided to the Land Development Services Department. These written commitments will be made a port of the staff report of the County's review and approval bodies and made 0 part of the consideration for inclusion in the conditions of approval. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subiect of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and sholl comply with the recording requirements of Chapter 695, FS, A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of so. Memorandum or Notice, l-J.\ , " Packet Page -2760- 4/12/2011 Item 17.B. <:. < ,?, ((> 'f ; <rT """' (, h)e C~s : (IT 0 V<A~-M ~€. f_rrJY'~>'<Mc./ reT--4~ 1 ,'s ~ r<1 b ':::~r1:-<<S d~'lr~ "'-:60'7; ~~:::''^;:~ /t....A'ea:i~; :+- ~s ~+ r~fa...<>/!- ~ V~s.J fire ~ ~~ ~ -fI~ ~ > fll"E?. -r;V~ ~3 =to k(J2.if o.^- . '! ~ToJ:rz;z~ :;<.<.I'-:f#~~ ~e.d. "J F:rc- ~~~. Packet Page .2761- 4/12/2011 Item 17.B. .___CJj:UJnt~\.n~')~~~I~; . . .___n'- . U. "-J___. __' __ 5lJil.l ~ _ -pl':Dp D ~[L ta/LfA./i ~~.-- ISS1){.L~fC .. ._' _0 (ld. f/{LQ .r:(.._ -rhQiV . Lj}L- .. ". rC ~_lLi c:(_~:,,-clr - J.,., ,-- n__ ' W L U _ !6"(Q,~ r7t) ,cud ({~""l~-i.-jA~L. l-D{2(',}0_J.l,l ~Q>>'(J.,.. if(' ~}I 'hI 'V1 IhJl.fJ tJ1>>lL! - I.UV;bJff1vd,~) '. ,/,,{tt n n~/LL..I '> _cL~ ),-(PL.0f:.J:(. //\/Vt!'c:K ' . Ii' ') j;:K nL<-rL /...7 t'.'c-A_ru:/l c, ,-: d_ f1-..f2- ~:2 _;;,. '2~ o~ i)-/~~~j--,- '---'-i-I{jrr~.~n j ~ ' ! L-~L J-~L~(~Vl~~./- tT , ,) c:; (. ,'L,., /' ,!- ,c. ~! L'~ /(\ l'.J\ ?i.f {L~___nSr/l(:i JI:; _j~0::-:( (t~j _ _ C:_O.~i 'l::'--.L~\./r- C'Lr\.cI n0~ lfcv~f C'\,-::C'l_t- . _tr:_j..t'=!l.cL ~lL h'L~ -- _, '_'y / ,',' , ,I f6 .v_\Kt"J..,.L.-____J::iJA L__________ , ____._u___ ---- __~___._~ - __ - .._..._ __ ___~___~_______~____~_". ___________.__~ .____ ____u__ __________._ _.-~ _______.__. ____ _____ ___ __n__..____.________. -- "--~---- ,-------~--..-.-------.--.--...-----.--..-..,,--~- --- ---.------------ --.--'- --.. -- ----.-- ---- --- --.---.-------.-- - -_._-----_..__._.._-~------_._..._--------_._- -----.--- ------~_._.----_...- .--.---------- -----------~---------~.-- ~.~----.--------_.__.------~---~----------- - -------. - ----------..- ---------..-...------------- - --------- ----- --- -------,------~-------_._------_.----- -.-. ------- ------------------_._-~--_.- --.-- --- ---- ---.-------.----.----.- -_._---------_.----,---_.----~------_.~-- --"- ~_. ,,--- ---. ------- ---.---- _.---. - ---. ----.------. .._- ---.-..-----. ---....-----.------ - ------------_.~._._-_._---_.- ---.--. .---.-- -.-----.- _..--- -'-'--'--- ---_._---~---_.__._---_..__._-------_. ._----_.._..--~._--_. ---.---.----------- --------- .._----------_._------~-~-_.. -~_.._--~-_..- --.--------.----.--------.----------.----.------.---------------.--.--. ..------.--.---- .-...-------.------.----------- --. -.--------- ----.--.--- ---......- -~_._-_.._..._------_._-,..-- ._'".~-- --.. ----------- :'( " ,";J Packet Page .2762- 4/12/2011 Item 17.B. Comparison of Proposed Amendment Text to Current Text of Naples Dailv News Business Park Planned Unit Development Ordinance 06.49 The following text shows the Clment BPPUD text and changes to that text proposed in this Jetter. Text that is struck through is deleted and text that is underlmed is text to be added to Section 2.9D. 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Naples Daily News BPPlJD. The following standards shall apply: D The developer will supplement the existing ficus hedge which presenrly serves as a buffer between the p~opased BPPOO and ffie- The Estates at Bay Colony I . , ..... " ,,... '~.-...." ,- '"'~ \..,' \.-, ".... .....:........ ,..........-1 ~ c..;; ...... ~L'~': '~~~" "c' ~ ,,~ c c ~ ~ c~c" " , ,c" ~ ,""'"~''' C~~~, ,~~c ......... ...; .c ,.., . ^..-l .'-;"".... I" +- .... .... _-.' -1.-...-.",,.. ,,,;]1 .... .....' '"' "",..,.j..,...,,...l .,,;... WI" I.~"" '-, , Ct pl::L,tng. f\\,.Jdl,-,u"JLy ...ro._:=;.... v....l, ...,............ vH" b.... .....Jppl....:-:1'--,,'-'--...... y.,lh f:c:..;::; :::-::::::, :8 ';:~,:: ::~t::n~ th:: COl.:nty' ',';:l~ ::lo':.. t~,:.: :..;::: c~ ~c:..;:; ::;-:[::, :0 ::;-C:J.~: :n : ,~,.. T.... ., ,'-- '-- ~ "".. ,.... +- I , 11_ r~ ~ , ~ ,cy O;';ner~'Golf Club Neiahborhood Association tc gJ:f1 County OPP~o\'u~ for the use of t'1c fiCU3 t~ce~.. Inc. and the Bav Colonv Golf Club. Inc. ("Bav colon~n) with eiahtv (80) Clusia Rosea trees with a size of at least Men -five (25) aallon containers to be olanted as desianated bv Bav Colonv. The suppl=entary Gak and ficusClusia Rosea trees will be located in the buffer area at field selected locations between the Creekside POO on the east and the point on the west where the buffer tLnT15 south TIlls distmce is approximately eleven hundred 0,100} feet In the event that the ficus hedge isand lor Clusia Rosea trees are damaged by a windstorm to the extent of a reduction in the opaque value of 50% or more, the developer agrees to rcpl~ccrestore by reolacement or resettina, whichever is appropriate, any of the 80 livc oak tree~ Clusia Rosea (installed abo',c and iF\~t~!I} or ~esct the ficus trees as ncccs::;C1;y(existina) within the eleven hundred (1100) foot area, with the intent to restore the buffer as close to its pre-storm condition as reasonably possible considering the availability of tree materials at the time of the restoration. Th~ reolacement or resettina of the trees will be for a total of one hundred " sixtY (160) trees. Whether the restoration will be with Clusia Rosea or ficus trees or both will be at the discretion of Bay Colonv. Develooer shall be relieyed of any further obliaation or resoonsibilitv to restore the buffer after the initial reolacement or resettina has occurred. After the initial re lacement or resettin of the one hundred si 160 trees has occurred. Bay Colonv may. in its sole discretion, reolace or reset any of said trees. 6\25\2 \/_01' 11.c!52LOOOl 7 Packet Page .2763. Cd1!.,. County ~ 4/12/2011 Item 17.B. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONI PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252.2400 FAX (239) 252-5724 WWW.COLLIERGOV.NET ~1'~II,i,~I'ii~i!~llili~,[f~~;,~;I;~:I,!~:i!li~f~Bj~_IJff,I~~lIi~;li~~I:rfu'I:I~:~I:!~;~~~~i!i~iil~i'I!~i!~]:~i:~1~:C:~-ii;"~;,llji,:'I, Piease comple18 the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be sjaned bv Addressina oersonneJ prior to ore~ apolication meetinq, piease allow 3 days for processinQ, Nol all items will apply to every project. Ilems in bold type are reqUired. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) o BL (Blasting Permit) o SO (Boat Dock Extension) o Carnival/Circus Permit o CU (Condrtional Use) o EXP (Excavation Permit) o FP (Final Plat o LLP, (Lot Line Adjustment) o PNC (Project Name Change) o PPL (Plans & Plat Review) o PSP (Preliminary Subdivision Plat) o PUD Rezone o RZ (Standard Rezone) o SOP (Site Development Plan) o SDPA (SOP Amendment) o SDPI(lnsubstanilal Change to SOP) o SIP (Site Improvement Plan) o SIPI (Insubstantial Change 10 SIP) o SNR (Street Name Change) o SNC (Street Name Change - Unplatted) o TOR (Transfer of Development Rights) o VA (Variance) o VRP (Vegetalion Removal Permit) o VRSFP (Vegetation Removal & Site Fill Permo) [2J OTHER PUD Amendment LEGAL DESCRIPTION of subject property or properties (copy of langthy description may be attached) 27-48-25 FROM NW CORNER SECTION 27. S 12502 FT. N 45 DEGREES E 35.08 FT. S 89 DEG. E 573.46 FT. S 86 DEG E 500.61 FT. S 89 DEG E 147.09 -. \=i,,,,-::: '2; r.;:> F~~,'51M-~p;.:t/ilit rMM-B~~'i',f a~~v~'ia1{ach to, or associate WITh, legal des~JfFc:rFrt ,,[~~[h';f,f ohe) -c:-- Cj 00168040601 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 1100 IMMOKALEE ROAD. NAPLES FL 34110 . LOCATION MAP must be attached showing exact location of projec:t/slte in relation to nearest public road right. of-way SURVEY (copy. needed oniy for unplatted properties) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (ff applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sITes only) Packet Page -2764- ,,,;,\ ! ~'; .' eo1l:, Cm.tl1ty ~ 4/12/2011 Item 17.8. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONI PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES. FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 WWW.COLLlERGOV.NET SDP orAR# Project or development names proposed for. or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Check One: [gJ Checklist is to be Faxed back o Personally Picked Up APPLICANT NAME: R. BRUCE ANDERSON PHONE 649-2708 FAX ?61-3659 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number (Primary) (~ b \ \c ~ C.. '...1- C', CO C) \ ..:::. o C" \ G::. '-:.s C: ej, G: C..-: Cj "3 -- Folio Number Folio Number Folio Number , r ' f"' ',' Approved by: . U, t i"V,j '\" ! )/ i ,!:-) r.v' '. j/ '{ f ~ I.- i", ,,! . Date: I . -' v-' ,~ r' cj ._" / 1_,) Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED /'--"" '; i~1/ Packet Page -2765- ~ ~ ~ dol ~ = ~ ; ~ U .:Iiiit ~ Q, =- < I dol ... ~ ~ ~ = r:I'1 ~ , z ~ ~ fF1 <' z i= 'l.JW ?-W o-::E u.. o Jl!! <l: Q - ...., o '/ '" " "- 3: Q) 'S: Q) ~ - I: Q) E C- o Q) > Q) C -c I: o -' - Q) I: > o 00 m !: I: o N .= v o _ -C c: I: Cll E - ~ "- o o 0.. Cll o VI 1 ~ <C o :E , b!J W ::E <l: Z ~ v ..c v o -c I: ;) " ..,. co v ..,. I: N o . ~ ~I ~ ~I z <( ~ ...I al c.. ..c C E w :> Z Z ~ ~ ii) 0 l,,") .:::: <C Q. ~ +;, '" .i:. Q... Q) ~, o ,Q) ,0..;, ~ ( '-- - ~ . "\,).1 ,... j,: ,~l H ~ ~ 31 ===1 ~ j J.' 21" ';1 '.\\~ ",' S ~l ~, ~ ""- 4 ~!:. ,R~I bSJ '1' ~I ~ ~tjl ...il ' y ;';1 /1 '.;j ':< l~~~~' .' 1.91:-r 1 i II!~ ~i ~ ~ ~~.I '~ ~ - -, ..g::rl. C;, ,- ::r "J , '-"'-1 >:"',~ I '--..".1 I , " ;:.::,\, 71 ~'.~)j "."~)/'1 M! ."!~ j I ' rx Iii \ 'N "':1 ";I~I '(, B" 3J ~{~ ~'I ,~ ~-I ~~ I \.., ',') :, I I i I t I .0"1' iJi I~ t~ - ; I ~ ~ ~ ~ 'di~1 I~ ,~ > l.!.. ::Z" '! ~, -:vI , '~-J-:l ",I ,,\ eo,:f ,)I;fl ] ~ ~ j A~i ~ ,~ ::> ~ 41-<1' ',I o :~ l1~:::;1 ~0 -;:OJ! u t~, ~' , ~~C1 J ,0 .,J -.-po .>--!" \. ''I::.... (,I',' d: ! ~I eLi"'-j a:, -.:z, I~ ' I 'Z ; ! i I , ~ ':) ! I , 1 ~' ''''I ' I ,If 1 ,"':;S I I ~ !"~~~, I ! IJj~ji j dJ iJLj~ ~ \:j'::'i~C~1 611- ~ ~~.~ .~\ 'I~I _, (",v- i I (~'"'' ' '," '::;1 ":I~! ~jl "'I ::.,: '" ;, h ~\C)I '::J, ,-' ~ ,> I I, :- i \ v" ':,:::j C IJ"_I ->' r.11~ ~'" ~ i i I ,':Z~' "-'," ,\, _..;:;;--, _' '-"<_ c_' 1"-' ',' I "'--, ) ''-I I " -', "!i Vl VI W c=: o c <( ,,:t -" <( :E , w ~ w a::l ::E ::l Z w z I~ :0.. ..,. o eo N 2i ,; i!! .... lfu o , ! "' a; '0 CD '" ',> CD " o '0 ui o "- .c " '" u c " C'J >- !2 10 z w ::E <( z , f- W W I rJ) Z Z (,2 rJ) ~~ iij.... EN " -- UN 80 - .... ..>. ~ 0CD ....,.., " ::> .... --.J CD 4/12/2011 Item 17.8. II Barron " Collier COMPANIES April 5, 2010 Bay Colony Golf Club, Tnc. Attention: Richard Miller, President 9740 Bent Grass Bend Naples, FL 341011 The Estates at Bay Colony Golf Club Neighborhood Association 10495 Goodlette Road North Naples, F134109 Barron Collier Companies David Borden Director Commercial Real Estate 2600 Golden Gate Parkway Naples, FL 34105 Scripps Media, Inc. d/b/a Naples Daily News Chris Doyle, President & Publisher 1 lOO Immokalee Road Naples, Fl.. 34110-4810 Amendment Naples Daily News Business Park Planned Unit Development To Whom it May Concern: The above referenced entities through their authorized representatives agree that the following text below is acceptable to all parties to submit to Collier County for an amendment of Section 2.9D of the Naples Daily News Business Park Planned Unit Development (BPPUD) Amendment Ordinance No. 06-49. 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitled as a principal use \broughout the Naples Owly News BPPUD. The following standards shall apply: 2600 Go, "E'" GATE PARKW.v' No\Pl", 1', onlOA 3~J05 . (239) 262-2600' FAX (239) 261-25R9 Packet Page -2767- 4/12/2011 Item 17.8. n The developer will supplement the existing ficus hedge which presently serves as a buffer between the BPPUD and The Estates at Bay Colony Golf Oub Neighborhood Associalion, Inc. and the Bay Colony Golf Oub, Inc. ("collectively Bay Colony") with eighty (SO) Clusia Rosea trees with the size of at least twenty-fIVe (25) gallon containers to be planted as designated by Bay Colony Golf Club. The supplementary Clusia Rosea trees will be located in the buffer area at field selected locations between !be Creekside PUD on the east and the point on the west where the buffer turns south. The di~tance is approximately eleven hundred (1,100) feel. 1n the event that the ficus hedge and/or Ousia Rosea trees are damaged by a windstonn to the extent of a reduction in the opaque value of 50% or more, the developer agrees to restore by replacement or resetting, whichever is appropriate, any of Ousia Rosea (installed) or ficus trees (existing) within the eleven hundmd (1,100) toot area, with the intent to reslore the buffer as close 10 its pre-stann condition as reasonably possible considering the availability of tree material~ at the time of the restoration. The replacement or resetting of the trees will be for a total of one hundred sixty (160) trees. Whether the restoration will be with Ousia Rosen or ficus trees or both will be at the discretion of Bay Colony Golf Club. Developer shall be relieved of any further obligation or responsibility to reslore the buffer after the initial replacement or resetting has occurred. After the Developer's initial replacement or resetting of the one hundred sixly (160) trees has occurred, Bay Colony Golf Oub may, in its sole discretion, replace or reset any of said trees. The agreed upon text changes to the current BPPUD text are as shown on the attached document (Exhibit "A"). Text that is struck through is text to be deleted and text that is underlined is lext to be added to Section 2.9D. This agreement replaces and supersedes that certain leller agreement dated June 14, 2006 between Bay Colony Property Owners Association a/k/a The Estates at Bay Colony Golf Oub Neighborhood Ao;sociation, Inc., Barron Collier Companies and Collier County Publishing Company alk/a Naples Daily News. APPROVED BY: BAY COLONY GOLF CIUB, INC. By: Date: If-IIf- -10 -2- Packet Page -2768- APPROVED BY: 4/12/2011 Item 17.8. TIlE ESTATES AT BAY COLONY GOLF CLUB NE HBORHOOD ASSOCIA nON, INe. By: BARRONCOLLffiRCOMP~ By: rf2~/j __ DAVID BORDEN, Director Commercial Real E.~tate Date: ~l.- APPROVED BY: Date:-4-r:I.5;" dOlO APPROVED BY: SCRIPPS MEDIA, INC. d/b/a NAPLES DAILY NEWS ~ CHRIS DOYLE, Publisher 'II t/ZoIU , t By: Date: 611809 ,_03 \ OOIXIOo.o784 -3 - Packet Page -2769- 4/12/2011 Item 17.8. Exhibit "A" Comparison of Proposed Amendment Text to Current Text of Naples Dailv News Business Park Planned Unit Development Ordinance 06-49 The following text shows the current BPPUD text and changes to that text proposed in this letter. Text that is struck through is deleted and text that is underlined is text to be added to Section 2.9D. 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WAILS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Naples Daily News BPPUD. The following standards shall apply: n The developer will supplement the existing ficus hedge which presently serves as a buffer between the J3Fel'lasee! BPPUD and the- The Estalles at Bay Colony ()eveISr3fRE:At '/Ji~ 80 li'le aalt 1:rees 12 feet Ai~A witA a FFliRiffil:JFFl sl3Feaa af g feet at ERe Effie at I'laRERg. Aaaia8Rally tilese aalt trees 'l;ilI Be Sl:Jl3l3lemeRrea 'l:itA ffel:ls e=ees, te t1ge ~Rt tRt: CSt.lAtl will alls'N ERe wse af fl(l:JS 1:fee:;, te er:eate 21A C3paerl;lE alMer. The aevelsl3er a~Few te 'A'SA' with 1:he Sa'" CeleRY PFel3eFt)' OWReFS'Golf Club Nelahborhood Association te !laiR Ce~Rty aJ3J3reval far t:Fie use af tRe lie~s l:Fees.. Inc. and the Bay Colony Golf Club. Inc. (::: Colony") with eighty (SO) Clusia Rosea trees with a size of at I twenty-five (25) gallon mntainers to be Dlanted as desianated by Ba~ Colony. The supplementary sale aFlsliet:lsClusia Rosea trees will be located in the buffer area at field selected locations between the Creekside PUD on the east and the point on the west where the buffer turns south. This distance is approximately eleyen hundred (1.100) feet. In the event that the ficus hedge isand/or Clusia Rosea trees are damaged by a windstorm to the extent of a reduction in the opaque value of 50010 or more, the developer agrees to FeJ3laeerestore by reDlacement orJP':P!ltiqa. whichever is "W1UpIia!e, any of tAe 89 1i'1E salt l:Fees C1usia Rossa (imtalled abe~e aRe! iR~II) or Fe3et tRc ficus trees as ReEessaF'y'(existina) within the eleyen hundred (1100) foot area. with the intent to restore the buffer as close to its pre-storm condition as reasonably possible considaing the availability of tree materials at the time of the restoration. The reDlacement or r-iettina of the trees will be for a total of :,e h:red sixty (160) tr-es. Whether the restoration will be with Clu "a R or ficus trees or both will be at the discretion of Bay Colony. Deyelooer shall be relieved of any further obliaation or resDOnslblli:~ ~re :: buffer after the initial reDlacement or resettina has occ . r initial reDlacement or "",_ina of the one hundred sixtY (160) ~::s occurred. Bay Colony may. in its sole discretion. reDlace or reset f said trees. 612512 v_Ol \ 114521.0001 Packet Page -2770- 4/12/2011 Item 17.8. ORDINANCE NO. 11 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORI>INANCE NO. 06-49, THE NAPLES DAILY NEWS BUSINESS PARK PLANNED UNIT DEVELOPMENT (BPPUD), BY AMENDING SECTION 2.9 OF 06-49 TO ALLOW A CHANGE IN THE PLANT MA TERIALS IN THE LANDSCAPE BUFFER. THE PROPERTY IS LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE, WHEREAS, on October 24, 2006. the Board of County Commissioners approved Ordinance No, 06-49 which established the Naples Daily News Business Park Planned Unit Development (BPPUD): and WHEREAS, Bruce Anderson. Esquire of Roetzel and Andress. LP A, representing Scripps Media. Inc. dlbla Naples daily News, petitioned the Board of County Commissioners of Collier County. Florida to amend Ordinance 06-49. the Naples Daily News Business Park Planned Unit Development. NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that: SECTION ONE: AMENDMENTS TO SECTION 2.9 OF ORDINANCE 06-49. 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, Jences and 'Nalls are generally permitted as a principal use throughout the Naples Daily News BPPUD. TIle follO\~ing standards shall apply: D The developer ",ill supplement the existing ficus hedge which presently serves as a buffer bet~veen the proposed BPPUD and !fIe-The Estates at Bay Colony De':elopmeflt with 80 live oa!: trees I: feet hi;;h '....ith G minimum spread of 6 feel at the time of plaflting. ,^.dditionally these oal: trees v.ill be supplemented '.':ith fieus trees, to the ement the Words struek tnrollgh are deleted; words underlined are added Naples Daily News \ PUO t 0-854 Rev. 4/0511 I Page I of2 Packet Page -2771- 4/12/2011 Item 17.8. CO~lRty will allo';, tile use of fieus trees, to ereate un opaque buffer. Tile deyeleper agrees to work \';ith tile BIl3' Calany Proflerty Owners' Golf Club Neirrhborhood Association to gain County approval for tile t1se of IAe fieus trees, Inc. and the Bav Colonv Golf Club. Inc. ("BaY Colony") with eirrhtv (80) Clusia Rosea trecs with a size of at least twentv-five (25) rrallon containers to be planted as designated bv Bav Colonv. The supplemcntary oal; and fieusClusia Rosea trees ,,-ill be located in the buffer area at field selected locations between the Creckside PUD on the east and the point on the west where the buffer turns south. This distance is approximately eleven hundred (I. 100) feeL In the event that the ficus hedge +sand/or C I usia Rosea trees are damaged by a windstorm to the eA.1ent of a reduction in the opaque value of 50% or more. the developer agrees to replaeerestore bv replacement or rcsetting, whichever is appropriate, any of the 80 live aak trees Clusia Rosea (installed abO\'e and i,:stalll or reset the ficus trees as Recessary( existing) within the cleven hundred (1.] 00) foot area. with the intent to restore the buffer as close to its pre- stoml condition as reasonably possible considering the availability o[tree materials at the time of the restoration. Thc replacement or resetting of the trees will be for a total of one hundred sixtv (160) trees, Whether the restoration will be with Clusiu Rosea or ficus trees or both will be at the discretion ofBav Colonv. Developer shall be relieved of anI' further obligation or responsibilitv to restore the buffer after the initial replacement or resetting has occurred, After the initial replacement or rescuing of the one hlmdred sixtv (160) trees has occurred. Bay Colon\' mav. in its sole discretion. replace or reset any of said trees. SECTION TWO: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier COlmty. Florida. this day of .2011. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMlvfISSJONERS COLLIER COUNTY. FLORIDA By: Bv FRED W. COYLE. Chairman . Deputy Clerk Approyed as to torm and legal sufficiency: Steven 1'. Williams Assistant County Attorney 5"1'-.) " "~5--.1/ CP\IO-CPS.(J 1058\29 Words 5ffiIel; (hroll;;h arc deleted; words underlined arc added Naples Daily News \ PL20 I 0-85,1 Rev. 4/05/1 1 Page 2 of2 Packet Page -2772- 4/12/2011 Item 17.8. 20D . Tuesday. March 22, 2011 · Naples Daily News NOTICE OF tNTENTTO CONSIDER ORDINANCE Notice is hereb~1 Qiven that on T-..Jesday, April 12, 201 t, in the Boardroom. 3rd Floor. Administration B-uilding, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida. the Board of County Commissioners will consider the enact- ment of a County Ordinance. The meeting will tommence at 9;00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSiONERS OF COLLIER COUN- TY, FLORIDA. AMENDING' ORDINANCE NO. 06--49, THE NAPLES DAILY NEWS BU$l- NESS PARK PLANNEO UNIT DEVELOPMENT (BPPUD), BY AMENDING SECTION 2,9 OF 06.49 TO ALLOW A CHANGE IN THE PLANT MATERIALS IN THE LANDSCAPE BUFFER; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance ar~ on file with the Clerk to the Board and are availablr:> tor inspection. AI! intere:;ted parties are Invited to attend and be he,ard. NOTE: All persons wishing to speak on anI' agenda item must register with the County administrator prior to presentatIon 0 the agenda item to be addressed. In- dWldual speakers will be limited to 3 minutes on any item. The selection of an indi- VldUOlI to speak on behalf of an or~amzatlon or group IS encouraged. If recognized by the Chairmilr'. il spokesperson 10r a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. 1'1 any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the pllbli~ hearing_ All material used in presentations before the Board will UE',:onle a permanent pa:'1 of tilt'" record. Any person who decides to appeal a decision of the Board will need a record of the proceedlng5 pertaining thereto and therefore, may need to ensure that a verbatim record of thE proceedings is made, which record includes the testimony and evi- dence upon v...hi~h the appeal I) based If Y;JU ar.c a pers,m with z disability who needs any accommodation in order to par- tiCIpate Itl tnls ploceedmg; you are entitled, at no (051 to you, to the provision of certain assistance Pieilse contact the Collier County Facilities Management Depart- ment, locaced at 3335 Tamlam: Trail t.a,t. Buildmg V-J, Naples, Fjonda 34112" (2.39) 252-8380, Assisled il~tenjng deVices for the hearing impaIred are available In the Countv CommiSSioners' Otfice. bOARD Or COUNTY COMM1S5iOr"litf-:5 COLLiEP. COUNTY, f-LORIDA FRED (on::, CHt\IRMAf>: DWIGH: E. BROO:, CLERK By: Marthii Vert,jara, Deputy Cler~ (SEA!...) . M;whYJ )01'1 No1flq-4"1tP Packet Page -2773-