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Backup Documents 04/27/2010 Item # 8Ai J! COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXXX Normal Legal Advertisement Other: (Uisplay Adv., location, etc.) #��yy�+t # #t # # #R4t R44t A#i #h ##Y * #t+ithi RRt#i Originating Dept/ Div: CDES. /Zoning Person: Nancy Gondlach, AlCPt i' 1 Date: 5+1 ^U Petition No. (If none, give brief description): PUDZ - 2007 -AR- 11320, McMullen MPUD Petitioner: (Name & Address): Mr. Robert J. Mulhere, RWA, Inc., 6610 Willow Park Drive, Suite 200, Naples, FL 34109 Name & Address of any person(s) to be notified by Clerk's Office. (11 more space is needed, attach separate sheet) Mr. R. Bruce Anderson, Esq., Roetzel, & Andress, 850 Park Shore Dc, 't'rianun, Cnb -3rd FL, Naples, FL 34103. Mr. Craig Sher, President, Sembler Retail 11, Inc., General Partner, Semhler Family Partnership #42, 5858 Central Ave„ St Petersburg, FL 33707 Hearing before BCC BZA Other Requested Hearing date: Aoril 13. 2010 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only it important): XU Naples Daily News Other Legally Required Proposed Text (Include legal description & common location & Sizc: Petition: PUDZ- 2007 -AR -I 1320, Sembler Family Partnership #42, represented by Robert Mulhere, AICP of RWA, Inc. and R. Bruce Anderson, Esquire of Roetzel and Andress, requesting a rezoning from Rural Agriculture (A) zoning to Mixed -Use Planned Unit Development (Mill D) to be known as McMullen MPUD.'the 19.32 acres Rural Agricultural zoned site is proposed to permit a mixed -use development. The rezoning petition allows for a maximum of 185,000 square feet of commercial development. The subject property is generally located one -half mile east of Collier Boulevard (CR 951) on Rattlesnake - Hammock Road Extension, the south one -half of the southeast one- quarter of the southwest one- quarter of Section 14, Township 50 South, Range 26 Fast, Collier County, Florida Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number: 4500096189 for Account Number: 068779 R edby' 3 -4 -10 Divisio Administrator or Designee Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initialing Division head to approve and submit original to Clerk's Office, retaining a copy for file. #f* #i4f #R4i* *t4* #R44! #44*f Yiif 44*1f441f* Miff #lift # #R ***R **R4 #Y#Rhi4hf 4i *h4#4i*FYi4f *R4 *Y * **i A # #*fi #*iiF FOR CLERK'S OFFICE USE ONLY: Date Received: J 'I 10 Date of Public hearing: KID Advertised:' I0 - � 8A 1. ORDINANCE NO. 10 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RURAL AGRICULTURE (A) ZONING TO MIXED -USE PLANNED UNTT DEVELOPMENT (MPUD) TO BE KNOWN AS MCMULI.EN MPUD FOR A MIXED -USE DEVELOPMENT WITH A MAXIMUM OF 185,000 SQUARE, FEET OF COMMERCIAL., GENERALLY LOCATED ONE -HALF MILE EAST OF COLLIER BOULEVARD (CR 951) ON RATTLESNAKE - HAMMOCK ROAD EXTENSION, IN SECTION 14, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1932.1 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert J. Mulhere of RWA, Inc. and R. Bruce Anderson, Esquire of Roetzel, & Andress, representing Sembler Retail II, Inc. and the Sembler Family Partnership 442, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE If ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 14, Township 50 South, Range 26 East, Collier County, Florida, is changed from Rural Agriculture (A) Zoning District to Mixed -Use Planned Unit Development (MPUD) Zoning District to be known as the McMullen MPUD in accordance with the McMullen MPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or McMullen MPUD \ PUDZ- 2007 -AR -11320 REV, 3;0lA0 Page I of 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 of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney 3.1 2010. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman Attachments: Exhibit "A" — Permitted and Accessory Uses Exhibit "B" — Development Standards Exhibit "C" - Master Plan Exhibit "D" — Legal Description Exhibit "E" — Developer Commitments 07 -CPS- 00609/41 McMullen MPUD \ PUDZ- 2007 -AR -11320 REV. 3/01/10 Page 2 0l 2 f"8 EXHIBIT A McMULLEN MPUD PERMITTED USES PERMIT_ TED USES in Tract A as depicted on Exhibit C, MPUD Master Plan: 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: 1. Business Consulting Services, Not Elsewhere Classified (Group 8748);* 2. Drug Stores and Proprietary Stores (Group 5912); ** 3. General Contractors - Industrial Buildings and Warehouses (Group 1541);* 4. General Contractors - Nonresidential Buildings, other than Industrial Buildings and Warehouses (Group 1542);* 5. General Contractors - Residential Buildings, Other Than Single - Family (Group 1522);* 6. General Contractors (Group 1521);* 7. General Warehousing and Storage, for use by contractoribuilder construction trades located within this MPUD only (Group 4225), 8. Personal Indoor Self- Storage Facilities, limited to a maximum of 92,500 square feet; 9. Hospital and Medical Service Plans (Group 6324); ** 10. Legal Services (Group 8111); * I1. Engineering Services (Group 8711)* 12. Architectural Services (Group 8712)* 13. Surveying Services (Group 8713) * 14. Management Consulting Services (Group 8742); 15. Management Services (Group 8741); 16. Medical Equipment Rental and Leasing (Group 7352); ** 17. Medical and Dental Laboratories (Groups 8071 — 8099) ** 18. Mortgage Bankers and Loan Correspondents (Group 6162); 19. Health Services, open to the public and not associated with a unified senior housing development . (Groups 8051 — 8059); ** 20. Care Units, only including Group Housing, Group Housing facilities, Assisted living facilities, independent living facilities, continuing care retirement communities, and nursing homes, all for persons over age 55. Foster care, crisis and attention care, displaced adult care, homeless shelters, offender halfway houses, spouse abuse care, substance abuse care, and youth shelters are prohibited. Page 1 of 12 8A; 21. Offices and Clinics of: Doctors of Medicine, Dentists, Doctors of Osteopathy, Chiropractors, Optometrists, Podiatrists, and Health Practitioners (Groups 8011 - 8049); ** 22. Physical Fitness Facilities (Group 7991, limited to a maximum of 20,000 square feet); 23. Child Day Care Services (Group 8351); 24. Special Trade Contractors, Not Elsewhere Classified (Group 1799);* 25. Title Abstract Offices (Group 6541); and 26. Title Insurance (Group 6361). 27. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses and deemed to be consistent with the Future Land Use Element of the Growth Management Plan, as determined by the Board of Zoning Appeals ( "BZA ") by the process outlined in the LDC. Accessory Uses: 1. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: a) Clubhouses and other recreational facilities accessory to senior living development, including, but not limited to: beauty /barbershops, pharmacies, resident dining (including service of alcohol) and other personal services limited to use by residents and their guests only.; b) Water management lakes and facilities; c) Parking facilities, including parking garages accessory to permitted uses; d) Caretaker's residence accessory to commercial development; 2. Lumber and Other Building Materials Dealers (Group 5211), limited to 5000 square feet of floor area; * ** 3. Paint, Glass, and Wallpaper Stores (Group 5231), limited to 5000 square feet of floor area; * ** 4. Any other related business which is accessory to offices for various contractorlbuilder contractor construction trade specialist or, to warehouse space for various contractor/builder contractor construction trade occupants, as determined by the Planning Services Director, or designee, limited to 5000 square feet of floor area. * ** Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition * Limited to 92,500 building square feet. [The Future Land Use Element of the Growth Management Plan (GMP) allows offices for various contractorlbuilder construction trade specialists, inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys, but limits these offices of related professional disciplines to 92,500 total building Page 2 of 12 11 m square feet. Warehouse space for various contractor/builder construction trades occupants does not fall under that limitation.] ** These uses are permitted under the GNU as "support medical uses ", and are only permitted within the boundary of a'A mile offset from the hospital to the south as depicted on Exhibit C, MPUD Master Plan. * ** Businesses, including but not limited to, lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores, are permitted but only as accessory uses to offices for various contractor /builder construction trade specialists or accessory to warehouse space for various contractor /builder construction trades occupants. Page 3 of 12 EXHIBIT B McMULLEN MPUD DEVELOPMENT STANDARDS • Table I below set forth the development standards for land uses within this Commercial PUD (MPUD). Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SUP or Subdivision plat. MAXIMUM INTENSITY: This MPUD may be developed entirely with allowable commercial uses and /or community facility/ institutional uses. Accordingly, the MPUD intensity shall be as follows: Commercial Intensity: Commercial intensity shall be limited to a maximum of 185,000 square feel of any combination of allowable commercial uses, however in no case shall the trip generation rate exceed 379 PM Peak Hour Trips, as identified in the TIS related to 122,000 square feet of medical office land use. In no case shall the total allowable commercial intensity exceed 185,000 square feet, or exceed a trip generation rate in excess of 423 PM Peak Hour Trips for any combination of permitted land uses as may be pursued using the Commercial Intensity Conversion to Care Units, below. Various commercial uses, either individually or in aggregate are further restricted as set firth under MPUD Exhibit "A ". Care Unit Intensity: The intensity of any care unit shall have a maximum Floor Area Ratio (FAR) of 0.60. This FAR is applicable to Permitted Uses 19 and 20, Health Services and Care Units, as set forth in A., of Exhibit A. COMMERCIAL INTENSITY CONVERSION TO CARE UNITS: 1000 SF of Warehouse Land Use = I Care Unit Bed 1000 SF of General Office = 7 Care Unit Beds 1000 SF of Medical Office = 15 Care Unit Beds Note: Based on trip generation rates, ITE 8th Edition Operational Characteristics for Care Units Care Units may be composed of one or more types of care/housing facilities. These care/housing types include, but are not limited to independent living, assisted living, and nursing homes, each of which can have varying operational characteristics. The following characteristics of care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a care unit: • The facility shall be for residents 55 years of age and older; • There shall be on -site dining facilities to the residents, with food service being on -site, or catered; • Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits; • There shall be an onsite manager /activities coordinator to assist residents, who shall be responsible for planning and coordinating stimulating activities for the residents; • An on -site wellness facility shall provide exercise and general fitness opportunities for the residents. • Each unit shall be equipped with devices provided to notify emergency service providers in the event of a medical or other emergency; Page 4 of 12 • Independent living units shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted by adding grab bars. GENERAL: Except as provided for herein, all criteria set forth above shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or property owners' association boundaries shall not be utilized for determining development standards. If this project is developed in multiple platted tracts, at the time of the application for subdivision plat approval for individual tracts, a lot layout depicting minimum yard setbacks and the building footprint shall be submitted. TABLE COMMERCIAL USE DEVELOPMENT STANDARDS DEVELOPMENT STANDARD PRINCIPAL USES Including Care Unit ACCESSORY USES MINIMUM LOT AREA 10,000 SQUARE FEET N/A MINIMUM LOT WIDTH 100 FEET N/A MINIMUM YARDS (MEASURED FROM EXTERNAL PUD BOUNDARY) 25 FEET * ** 25 FEET PRESERVE SETBACK 25 FEET 10 FEET MIN. DISTANCE BETWEEN STRUCTURES IS FT. OR Y, THE SUM OF BUILDING HEIGH'T'S 10 FEET MAXIMUM ZONED HEIGHT (PRINCIPAL STRUCTURES) 50 FEET 25 FEET MAXIMUM ACTUAL HEIGHT 62 FEET 30 FEET MINIMUM FLOOR AREA — COMMERCIAL MINIMUM FLOOR AREA —CARE UNIT 700 SQUARE FEET ** 400 SQUARE FEET N/A MIN. GROSS LEASABLE AREA PER UNIT 700 SQUARE FEET ** 100 SQUARE FEET ** * Whichever is greater ** Not applicable to Care Unit * ** General application for setbacks: Front yard setbacks shall comply with the following: i. if the parcel is served by a public or private right -of -way, the setback is measured from the adjacent right -of -way line. ii. If the parcel is served by a non - platted private drive, the setback is measured from the back of curb or edge of pavement. iii. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. Page 5 of 12 EXHIBIT C McMULLEN MPUD MASTER PLAN i i1 i Mil R n 1 G +1 1� D ron Jr�m CD tap xi saki — �1 A iy N '1; ii Y° x Page 6 of 12 8A % ti p x � � i Page 6 of 12 8A % ti zon l { F�y' 1jj1 ppQQ . 4EC G5 l•1 r Yid � I - Y. �p -� a y wF" ifgg �� FJ _ - � a� „.m P4RTNL'RSHfF, LTD � McMG'LI.EN MPL'D "�^'"• MuilrwN I,�...� nanun Mnsrea PLAN Page 7 of 12 ----- -------- -- --- ---- ----------- ------------ ----------- alJ ------ - ------- --- - - - - --------- -- ------ ----- - Aa A III SEMBLERFAMLY PARYNERSHP 42 LT D MCMULLEN MPUD MNUEPIUAL WAM I M MANAGEMENT PLAN O C! > > z > tz) Page 8 of 12 ,8 A 'l, " 7= I IP SEMBLERFAMLY PARYNERSHP 42 LT D MCMULLEN MPUD MNUEPIUAL WAM I M MANAGEMENT PLAN O C! > > z > tz) Page 8 of 12 ,8 A 'l, " 0 z IAA Id ry Mm Qi z AC z C R 441 i:'Wa -1 S 1 -AMILY ARRANHIP. LTD McMULLEN MPUD ❑ 4 OFFSTE INTEVACE EXHIBIT 50 -2 YR 0 CD ril z z Page 9 of 12 BA I o � EXHIBIT D McMULLEN MPUD LEGAL DESCRIPTION e I THE S 1/2 OF THE SE 1/4 OF THE SW 114 OF SECTION 14, TOWNSHIP 50 SOUTII, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 80 FEET. The total acreage is approximately 19.32 acres. Page 10 of 12 EXHIBIT E McMULLEN MPUD DEVELOPER COMMITMENTS A. TRANSPORTATION 8441 Within 180 -days of the request of Collier County, the developer shall be responsible for 100% of the cost for the design and installation, or make payment in lieu of construction, at the discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter to serve this site. The developer shall make payment in lieu at the time of Development Order application; or alternatively shall design and construct the CAT bus shelter in a location approved by the Collier County Alternative Transportation Modes (ATM) Department prior to certificate of occupancy (CO). 2. Within 90 -days of the County's written request, the developer shall convey right -of -way along the project's south property line for the future extension of Rattlesnake Hammock Road. The required right -of -way shall be determined by Collier County, but shall not exceed 60 feet in width, and shall be conveyed in fee simple ownership to Collier County. Prior to the issuance of the first CO, the developer agrees to construct the two north lanes of the ultimate four total lanes of Rattlesnake Hammock Extension, and agrees to accommodate storm water management for these two lanes. The fee simple conveyance of the right -of -way, construction of the two lanes, and accommodation of water management shall be at no cost to Collier County. 3. The site shall be designed to provide for future vehicular, pedestrian and bicycle interconnection to adjacent properties to the east as generally depicted on the McMullen MPUD Master Plan and will also be designed to provide for internal connectivity for vehicles, pedestrians and bicycles. 4. Within 120 days of approval of this PUD, Owner shall record in the public records of Collier County a notice of proximity to the Florida Sports Park and Swamp Buggy grounds. This notice shall disclose that the Swamp Buggy operations generate noise which can be heard on the PUD ro e . Tlhe le al descri tion of the PUD shall be attached toI the notice. JJ bRf ...f e rocMUe I i M s >QI I J _- i - — � .senior. eoxwrr ' x ' I Figure I Page 11 of 12 TRANSPORTATION (Continued) 5. The driveways are conceptual and shall meet access management requirements of Res. 01 -247, as amended. The total combination of allowable land uses on this site shall not be allowed to exceed the maximum trip generation proposed in Scenario "I" in the TIS (423 p.m. peak hour trips). The County may limit square footage or the number of units or any building during any subsequent development order based on the trip generation limit. Any future tenant change that increases trip generation (i.e. General Office to Medical Office) will require Transportation review and may not be allowed if the total proposed trips exceed the maximum impact listed in this stipulation. B. ENVIRONMENTAL There shall be a minimum of 0.84 acres of Collier County native preserve associated with this MPUD. There shall be a minimum of 0.81 acres of created native preserve within the require 0.84 acre Collier County native preserve area. 2. The following listed species management plans shall be submitted with the next site development plan/plat development order request: Big Cypress fox squirrel, Eastern indigo snake, Florida black bear, Florida panther. C. PLANNING 1. The developer its successors or assignee shall provide to any potential resident a disclosure statement with respect to the noise that is associated with the Swamp Buggy Races located at 8250 Collier Boulevard, Naples, FL as it relates to the location of this MPUD. The statement must be presented to the potential buyer prior to entering into any sales contract. 2. Within 120 days of approval of this PUD, Owner shall record in the public records of Collier County a notice of proximity to the Florida Sports Park and Swamp Buggy grounds. This notice shall disclose that the Florida Sports Park and Swamp Buggy operations regularly generate noise which can be heard on the PUD property, both during the day and into the evening, including but not limited to, noise from swamp buggy racing, tractor pulls, festivals, and music concerts. The legal description of the PUD shall he attached to the notice. 3. The eastern boundary of the MPUD .shall be landscaped in accordance with the requirements for a Type C buffer. 4. All senior housing buildings shall be constructed in a manner to provide an exterior ambient sound level reduction of SLR 35 decibels, consistent with the provisions of LDC Subsection 4.02.06.N.6.g. Page 12 of 12 Teresa L. Polaski 8A From: RamirezHeather [HeatherRamirez @colliergov.net] Sent: Tuesday, March 09, 2010 8:51 AM To: Minutes and Records Subject: PUDZ - 2007 -AR -11320 Legal ad for 4 -13 -10 BCC Attachments: PUDZ - 2007 -AR -11320 Legal Ad.pdf; PUDZ - 2007 -AR -11320 Ordinance & Exhibits.pdf Good Morning, Here is the legal ad and Ordinance for petition number PUDZ-2007-AR- 11320, McMullen. This petition will be on the April 13, 2010 BCC. Let me know if you have any questions. Heather L. Ramirez Technician ODES 2800 N. Horseshoe Drive Naples, FL 34104 (239)252 -2930 Ct>i'fier GrruNt3� • Acct. #068779 March 10, 2010 Attn: Legals Naples News Media Group 11001mmokalee Road Naples, Florida 34110 Re: PUDZ- 2007 -AR- 11320, McMullen MPUD Dear Legals: Please advertise the above referenced notice on Sunday, March 28, 2010, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500096189 BVIN NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, April 13 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RURAL AGRICULTURAL (A) ZONING TO MIXED -USE PLANNED UNIT DEVELOPMENT (MPUD) TO BE KNOWN AS MCMULLEN MPUD FOR A MIXED -USE DEVELOPMENT WITH A MAXIMUM OF 185,000 SQUARE FEET OF COMMERCIAL, GENERALLY LOCATED ONE -HALF MILE EAST OF COLLIER BOULEVARD (CR 951) ON RATTLESNAKE- HAMMOCK ROAD EXTENSION, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.32 + /- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Petition: PUDZ- 2007 -AR- 11320, Sembler Family Partnership #42, represented by Robert Mulhere, AICP of RWA, Inc. and R. Bruce Anderson, Esquire of Roetzel and Andress, requesting a rezoning from Rural Agriculture (A) zoning to Mixed -Use Planned Unit Development (MPUD) to be known as McMullen MPUD. The 19.32 acres Rural Agricultural zoned site is proposed to permit a mixed -use development. The rezoning petition allows for a maximum of 185,000 square feet of commercial development. The subject property is generally located one -half mile east of Collier Boulevard (CR 951) on Rattlesnake- Hammock Road Extension, the south one -half of the southeast one - quarter of the southwest one - quarter of Section 14, Township 50 South, Range 26 East, Collier County, Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 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. In 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 public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners, Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) Mo my ofCgllier 8A CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE Clerk of Courts 3301 TAMIAMI 1""L EAST Clerk of Courts P.O. BOX 41,3044 Accountant NAPLES, FLORIDA'34101 -3044 Auditor Custodian of County Funds March 10, 2010 Mr. R. Bruce Anderson, Esq. Roetzel & Andress 850 Park Shore Drive Trianon Center, 3`d Floor Naples, FL 34103 Re: Petition: PUDZ- 2007 -AR- 11320, McMullen MPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 13, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 28, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CL Teresa Polaski. Deputy Clerk Enclosure Phone(239)252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email collierelerk(t(collierelerk.com Dwight E. Brock Clerk of Courts March 10, 2010 Count- of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSF 6 3301 TAMIAMI (RAIL EAST Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA34101 -3044 Auditor Custodian of County Funds Mr. Robert J. Mulhere RWA Inc. 6610 Willow Park Drive, Ste 200 Naples, FL. 34109 Re: Petition: PUDZ- 2007 -AR- 11320, McMullen MPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 13, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 28, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK c e Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Fniail: collierclerk(d eollierclerk.com Dwight E. Brock Clerk of Courts March 10, 2010 o tnty of CLERK OF THE Cl COLLIER COUNTY 3301 TAMIAMI't P.O. BOX 4 NAPLES, FLORID. Mr. Craig Sher Sembler Family Partnership #42 5858 Central Ave. St. Petersburg, FL 33707 Re: Petition: PUDZ- 2007 -AR- 11320, McMullen MPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 13, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 28, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK �L Teresa Polaski, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: Awmeollierclerk.corn Email: collie relerk(a col lierclerk.com c llier ZCUIT COURT OURTHOUSE Alt. EAST Clerk of Courts 1044 Accountant X4101 -3044 Auditor Custodian of County Funds Re: Petition: PUDZ- 2007 -AR- 11320, McMullen MPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 13, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 28, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK �L Teresa Polaski, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: Awmeollierclerk.corn Email: collie relerk(a col lierclerk.com Teresa L. Polaski 8A To: Naples Daily News Legals Subject: PUDZ - 2007 -AR- 11320, McMullen MPUD Attachments: PUDZ - 2007 -AR -11320 (McMullen MPUD).doc; Legals, Please advertise the following legal ad on Sunday, March 28, 2010. Thanks Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Deportment 239 -252 -8411 239 - 252 -8408 fox (Teresa.Polaski @collierclerk com) PUDZ - 2007 -AR -11320 (McMullen MPUD).doc NOTICE OF INTENT TO CONSIDER ORDINANCE r Notice is hereby given that on Tuesday, April 13, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enact- ment of a County Ordinance. The meeting will commence at 4:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD Or COUNTY COMMISSIONERS OF COLLIER COUN- TY, FLORIDA, AMENDING ORDINANCE NUMBER 2004.41, AS AMENDED, THE COL- LIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA Or COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPER - TY FROM RURAL AGRICULTURAL (A1 ZONING TO MIXED -IISE PLANNED UNIT DE- VELOPMENT (MPUD) TO RE KNOWN AS MCMULLEN MPUD FOR A MIXED -USE DE- VELOPMENT WITH A MAXIMUM OF 185,000 SQUARE FEET OF COMMERCIAL, GEN- LRALLY LOCATED ONE -HALF MILE EAST OF COLLIER BOULEVARD (CR 951) ON RAT- TLESNAKE- HAMMOCK ROAD Ex "TENSION, IN SECTION 14, TOWNSI -11P So SOUTH. RANGE 26 EAST„ COLLIER COUNTY, FLORIDA, CONSISTING 01= 19 32 +1- ACRES; AND BY PROVIDING AN EFFECFI1 /E DATE Petition PUDZ- 2007 -AR- 11320, Sembler Family Partnership #42, represented by Robert Muihere, AICPnf RWA, Inc. and R. Bruce Anderson, Esquire of Roetzel and Andress, requesting a rezoning from Rural Agriculture (A) zoning to Mixed -Use Planned Unit Developmeni (MPUD) to be known as McMullen MPUD. The 19.32 acres Rural Agricultural zoned site is proposed to permit a mixed -use development. The rezoning petition allows for a maxiinurn of 185,000 square feet of commercial development. The subject property is generally located one -half mile east of Collier Boulevard (CR 951) on Rattlesnake- Hammock Road Extension, the south one -half of the southeast one - quarter Lit the southwest one- quarter of Section 14, Township 50 South, Range 26 East, Collier County, Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and he heard. NOTE: All persons wishing to speak on any agenda item roust register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will he limited to 5 minutes on any item The selection of an in. dividual to speak on behalf of an organization or group is encouraged If recog- oized by the Chairman, a spokesperson for 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 In any case, written materials intended to be considered by the 6crard shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evi- dence upon which the appeal is based, If you are a person with a disability who needs any accornmodation in order to par- ticipate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart ment, located at 3301 Tamiami Trail Fast, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY C01VI 115510NERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) March 28, 2010 No1844108 Teresa L. Polaski From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Wednesday, March 10, 2010 3:26 PM To: Teresa L. Polaski Subject: Ad Confirmation Attachments: UAS3CDA.jpg ATACHED please review your notice & confirm approval via email. Thank you for placing your ad. PUB. Date MAR. 28, 2010 Publication NDN Ad Number 1844108 Total Ad Cost $310.98 Emely Pagan 239 -213 -6061 1 BgRKFp BiTBMGTOCq�IP�{EgmPtANCE NoJU k AkeWY diet ap �. N M4 15eor maM a . mavvcvr g, can �. tM prod pontl.. to,j; ysa. _ Cgples of thaprgiosed Wdinance aro an N4 Clerk to Board aand are nalI falmpsctbn. Mlingrsste�PNtkdWal t MtaM uM.be Ma%. NOT {: qd Fdahep N�.sspp��klt.. an 4N' 'hero mart the Co�y M� FrAr to pmMMeti6h of tAepeMN fams>d. IndlWdwl speeE MII be Ilmked to j mMyoN on any Item. Thlt ilf m In- dividual to s k m behalf of an organization or gmp h encoW N nized ybyv the rman, a spplsnprson for a group or agamzation Ee Teminutw kpak on an Item. Persons wishing to have writgn or prphk materiels included in the Boartl panda padone mart wbrmh uld mmerial a mPolmum of 3 weeks prior to the rat IW puMk having. !n mY rye, wrNsen manrkis iManded to 4a,pmdderW.. by. thR BiNd sMll hfl prbrrrfttad to the Fpproprlase County staff a MinMNryW�Im oT raven days prNf to iha pgbArpwhy, MY mabdal used In. pFnaMallon% =0MC6 the Bwrd wXI bKOme a prmaneM pert of the r4iord. ' Any parson who tlacitlei= l a dechion of the Dowd will need a record of the pcorwNof the M ah s�wlid�ncad Imckkm aWa o stl ony d eevi dence upon whidsthe appal kbasarl. If u an a�peran. a dkablBty who needs any p{canmodatlon in order to par- t a N tAk,pr...' .. an entNsed at rq cat b yea, se theYsroNslon of n nce. the Collier Ca fkdlltks Mmageman pepert- at BBOf. Tamlami Trail East, Bu�ihM W NaBlaa, Fla We 34112, the uMy C�ommh kled IIIW devices for the hMrq impaired are available in BOARD OFCOUNTY COMMISSIONERS COEUEg COUNTY; FLOAN)A TU Di-: 2V-4-1132 `r M(,m bdleK mp7D" NAPLESBONITA DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on March 28, 2010 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been cominuously published in said Collier County. Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County. Florida. for a period of year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, frim or corporation any discount, rebate, enmtnission or refund for the purpose of securing this advertisement for pu cavo in the said new per. h, i/ Signature of affiant Sworn to and subscribed before me This 1is,31 st day of March, 2010 — l 1 q. (Signature of notary public) i f•,qF .a, v.a �n l MA �� KAR il. E KANGAS Notary r.ddia State nl flDrina F My Ccmn . Expires Jul 29, 2013 Comrmssion N DD 91.237 i f•,qF .a, v.a �n l MA �� ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original docwnents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only g[t, r the Board has taken action on the item. ) ROUTING SLIP Complete routing lines AI through N4 as appropriate for additional signatures, dates, and/or information needed. If the doaunent is already complete with the ex of the Chairman's signeum, draw a line througla routing lines 01 through k4, complete the clwoklist, and forward to Sue Filson line KS . Route to Addressee(s) fat an routims . order Office Initials Date 1. Judy Puig CDES Administration Agenda Item Number SA 91110 2. Type of Document 3. Number of Original 1 Attached 4. Documents Attached 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Q �1�I10 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending WC approval. Normally the primary contact is the person who craded0egored the executive summary. Primary contact information is reeled in the event ore of the addressees above. including Sue Filson, need to contact staff for additional or mining information. All original dwnments needing the BCC Cha man's signature are to be delivered to the 11C C office only after the BCC has acted to approve the item.) Nam of Primary Staff Contact Nancy Gundlach Phone Number 252 -2484 Agenda Date Item was Apri127, 2010 Agenda Item Number SA Approved by the BCC Original document has been sigtted/initialed for legal sufficiency. (All documents to be Type of Document Ordinance Q QC Number of Original 1 Attached 1 c - i " Documents Attached INSTRUCTIONS & CHECKLIST 1: Formal County Forms/ BCC Forms/ Original Documents Routing Slip WINS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not Initial licable 1. Original document has been sigtted/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from Q contracts, agreements, etc. that have been fully executed by all parties except the BCC �uj Chairman and Clerk to the Board and possibly State Officials. `rJl 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of 13CC approval of the document or the final negotiated contract dal whichever is applicable. 4. `Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC: office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines. 6. The document was approved by the BCC on 4/27/10 (enter date) and all changes made daring the meeting have been Incorporated in the attached document. The County Attorney's Office has reviewed the She a es, if a Ipp icable. 1: Formal County Forms/ BCC Forms/ Original Documents Routing Slip WINS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: May 11, 2010 To: Nancy Gundlach, Principal Planner Zoning & Land Development Reivew From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Ordinance 2010 -18 Enclosed please find one copy of the document referenced above, Agenda Item #8A, adopted by the Board of County Commissioners on Tuesday, April 27, 2010. The original document will be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosure f MEMORANDUM Date: May 11, 2010 To: Larry Lawrence Property Appraiser From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinances: 2010 -18 Attached, for your records you will find one (1) copy of the documents referenced above, adopted by the Board of County Commissioners on Tuesday, April 27, 2010. If you should have any questions, please call me at 252 -8411. Thank you. Attachments • ORDINANCE NO. 10 - 18 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RURAL AGRICULTURE (A) ZONING TO MIXED -USE PLANNED UNIT DEVELOPMENT (MPUD) TO BE KNOWN AS MCMULLEN MPUD FOR A MIXED -USE DEVELOPMENT WITH A MAXIMUM OF 185,000 SQUARE FEET OF COMMERCIAL, GENERALLY LOCATED ONE -HALF MILE EAST OF COLLIER BOULEVARD (CR 95 1) ON RATTLESNAKE - HAMMOCK ROAD EXTENSION, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.32± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert J. Mulhere of RWA, Inc. and R. Bruce Anderson, Esquire of Roetzel, & Andress, representing Sembler Retail II, Inc. and the Sembler Family Partnership #42, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 14, Township 50 South, Range 26 East, Collier County, Florida, is changed from Rural Agriculture (A) Zoning District to Mixed -Use Planned Unit Development (MPUD) Zoning District to be known as the McMullen MPUD in accordance with the McMullen MPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or McMullen MPUD A PUDZ - 2007 -AR -11320 REVA /16/10 Page I of 2 1 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 of Collier County, Florida, this *day of 2010. ATTEST: D WIGHT E, BkOCK,.C,LF_RK CL y Clerk Atti¢. as. tc . WSW • �ignut�IrtzaN �+ Approved as to form and legal sufficiency: j-� -2 . aL_� Steven T. Williams Assistant County Attorney 4, *10 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairmali� Attachments: Exhibit "A" — Permitted and Accessory Uses Exhibit "B" — Development Standards Exhibit "C" - Master Plan Exhibit "D" — Legal Description Exhibit "E" — Developer Commitments 07 -CPS- 00609/52 McMullen MPUD \ PUD7. 2007 -AR -11320 REVA /16/10 Page 2 of 2 EXHIBIT A ' 8A McMULLEN MPUD PERMITTED USES PERMITTED USES in Tract A as depicted on Exhibit C, MPUD Master Plan: 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: 1. Business Consulting Services, Not Elsewhere Classified (Group 8748);* 2. Drug Stores and Proprietary Stores (Group 5912); ** 3. General Contractors - Industrial Buildings and Warehouses (Group 1541);* 4. General Contractors - Nonresidential Buildings, Other than Industrial Buildings and Warehouses (Group 1542);* S. General Contractors - Residential Buildings, Other Than Single - Family (Group 1522);* 6. General Contractors (Group 1521);* 7. General Warehousing and Storage, for use by contractor /builder construction trades located within this MPUD only (Group 4225); 8. Personal Indoor Self- Storage Facilities, limited to a maximum of 92,500 square feet; 9. Hospital and Medical Service Plans (Group 6324); ** 10. Legal Services (Group 8111); * 11. Engineering Services (Group 8711)* 12. Architectural Services (Group 8712)* 13. Surveying Services (Group 8713) * 14. Management Consulting Services (Group 8742); 15. Management Services (Group 8741); 16. Medical Equipment Rental and Leasing (Group 7352); ** 17. Medical and Dental Laboratories (Groups 8071 — 8099) ** 18. Mortgage Bankers and Loan Correspondents (Group 6162); 19. Health Services, open to the public and not associated with a unified senior housing development . (Groups 8051 — 8059); ** 20. Care Units, only including Group Housing, Group Housing facilities, Assisted living facilities, independent living facilities, continuing care retirement communities, and nursing homes, all for persons over age 55. Foster care, crisis and attention care, displaced adult care, homeless shelters, offender hallway houses, spouse abuse care, 4 -16 -2010 Page 1 of 13 substance abuse care, detoxification centers or facilities, and drug rehabilitation I 8A centers or facilities, and youth shelters are prohibited. 21. Offices and Clinics of: Doctors of Medicine, Dentists, Doctors of Osteopathy, Chiropractors, Optometrists, Podiatrists, and Health Practitioners (Groups 8011 - 8049);** 22. Physical Fitness Facilities (Group 7991, limited to a maximum of 20,000 square feet); 23. Child Day Care Services (Group 8351); 24. Special Trade Contractors, Not Elsewhere Classified (Group 1799);* 25. Title Abstract Offices (Group 65411; and 26. Title Insurance (Group 6361). 27. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses and deemed to be consistent with the Future Land Use Element of the Growth Management Plan, as determined by the Board of Zoning Appeals (`BZA ") by 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: a) Clubhouses and other recreational facilities accessory to senior living development, including, but not limited to: beauty /barbershops, pharmacies, resident dining (including service of alcohol) and other personal services limited to use by residents and their guests only.; b) Water management lakes and facilities; c) Parking facilities, including parking garages accessory to permitted uses; d) Caretaker's residence accessory to commercial development; 2. Lumber and Other Building Materials Dealers (Group 5211), limited to 5000 square feet of floor area; * * * 3. Paint, Glass, and Wallpaper Stores (Group 5231), limited to 5000 square feet of floor area;*** 4. Any other related business which is accessory to offices for various contractor/builder contractor construction trade specialist or, to warehouse space for various contractor /builder contractor construction trade occupants, as determined by the Planning Services Director, or designee, limited to 5000 square feet of Floor area. * ** Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition * Limited to 92,500 building square feet. [The Future Land Use Element of the Growth Management Plan (GMP) allows offices for various contractor /builder construction trade specialists, inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building 4 -16 -2010 Page 2 of 13 8A and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys, but limits these offices of related professional disciplines to 92,500 total building square feet. Warehouse space for various contractor/builder construction trades occupants does not fall under that limitation.] ** These uses are permitted under the GMP as "support medical uses ", and are only permitted within the boundary of a''A mile offset from the hospital to the south as depicted on Exhibit C, MPUD Master Plan. Detoxification centers or facilities, and drug rehabilitation centers or facilities shall not be allowed in this area. * ** Businesses, including but not limited to, lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores, are permitted but only as accessory uses to offices for various contractor /builder construction trade specialists or accessory to warehouse space for various contractor/builder construction trades occupants. C. Prohibited Land Uses I . Drug or alcohol detoxification/treatment facilities, including, but not limited to methadone clinics; 2. Mental health institutions providing on -site patient boarding or housing; 3. Homeless shelters or soup kitchens; 4. Sexually oriented businesses, including, but not limited to, adult lingerie stores, adult book/video stores, sex apparatus and accessory stores; 5. Astrologers and fortune tellers; 6. Bail bonds offices; 7. Off -track betting services; 8. Correctional institutions and offender rehabilitation agencies /facilities; 9. Crisis and crisis intervention offices or housing facilities; 10. Day labor offices; 11. Limited price variety stores, such as dollar stores; 12. Checking and cash advance establishments; 13. Pawn shops and parlors (pool, gambling, and tattoo); 14. Probation offices; 15. Public welfare offices; 16. Tobacco stores; 17. Truck stops. 4 -16 -2010 Page 3 of 13 EXHIBIT B McMULLEN MPUD DEVELOPMENTSTANDARDS Table 1 below set forth the development standards for land uses within this Commercial PUD (MPUD). Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. MAXIMUM INTENSITY: This MPUD may be developed entirely with allowable commercial uses and /or community facility uses. Accordingly, the MPUD intensity shall be as follows: Commercial Intensity: Commercial intensity shall be limited to a maximum of 185,000 square feet of any combination of allowable commercial uses, however in no case shall the trip generation rate exceed 379 PM Peak Hour Trips, as identified in the TIS related to 122,000 square feet of medical office land use. In no case shall the total allowable commercial intensity exceed 185,000 square feet, or exceed a trip generation rate in excess of 423 PM Peak Hour Trips for any combination of permitted land uses as may be pursued using the Commercial Intensity Conversion to Care Units, below. Various commercial uses, either individually or in aggregate are further restricted as set forth under MPUD Exhibit "A ". Care Unit Intensity: The intensity of any care unit shall have a maximum Floor Area Ratio (FAR) of 0.60. This FAR is applicable to Permitted Uses 19 and 20, Health Services and Care Units, as set forth in A., of Exhibit A. COMMERCIAL INTENSITY CONVERSION TO CARE UNITS: 1000 SF of Warehouse Land Use = 1 Care Unit Bed 1000 SF of General Office = 7 Care Unit Beds 1000 SF of Medical Office = 15 Care Unit Beds Note: Based on trip generation rates, ITE 8 °i Edition Operational Characteristics for Care Units Care Units may be composed of one or more types of care /housing facilities. These care /housing types include, but are not limited to independent living, assisted living, and nursing homes, each of which can have varying operational characteristics. The following characteristics of care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a care unit: • The facility shall be for residents 55 years of age and older; • There shall be on -site dining facilities to the residents, with food service being on -site, or catered; • Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits; • There shall be an onsite manager /activities coordinator to assist residents, who shall be responsible for planning and coordinating stimulating activities for the residents; • An on -site wellness facility shall provide exercise and general fitness opportunities for the residents. • Each unit shall be equipped with devices provided to notify emergency service providers in the event of a medical or other emergency; 4 -16 -2010 Page 4 of 13 • Independent living units shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted by adding grab bars. GENERAL: Except as provided for herein, all criteria set forth above shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and /or property owners' association boundaries shall not be utilized for determining development standards. If this project is developed in multiple platted tracts, at the time of the application for subdivision plat approval for individual tracts, a lot layout depicting minimum yard setbacks and the building footprint shall be submitted. TABLE COMMERCIAL USE DEVELOPMENT STANDARDS DEVELOPMENT STANDARD PRINCIPAL USES Including Care Unit ACCESSORY USES MINIMUM LOT AREA 10,000 SQUARE FEET N/A MINIMUM LOT WIDTH 100 FEET N/A MINIMUM YARDS (MEASURED FROM EXTERNAL PUD BOUNDARY 25 FEET * ** 25 FEET PRESERVE SETBACK 25 FEET 10 FEET MIN. DISTANCE BETWEEN STRUCTURES 15 FT. OR' /z THE SUM OF BUILDING HEIGHTS 10 FEET MAXIMUM ZONED HEIGHT (PRINCIPAL STRUCTURES) 50 FEET 25 FEET MAXIMUM ACTUAL HEIGHT 62 FEET 30 FEET MINIMUM FLOOR AREA — COMMERCIAL MINIMUM FLOOR AREA — CARE UNIT 700 SQUARE FEET ** 400 SQUARE FEET N/A MIN. GROSS LEASABLE AREA PER UNIT 700 SQUARE FEET ** 100 SQUARE FEET ** * Whichever is greater ** Not applicable to Care Unit * ** General application for setbacks: Front yard setbacks shall comply with the following: i. If the parcel is served by a public or private right -of -way, the setback is measured from the adjacent right -of -way line. ii. If the parcel is served by a non- platted private drive, the setback is measured from the back of curb or edge of pavement. iii. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. 4 -16 -2010 Page 5 of 13 EXHIBIT C McMULLEN MPUD MASTER PLAN 1 i E 1 VJ n a � - M n I g b� �c W > / 09 -� q Con a s�7.� 0 _ x? 'a • 4 -16 -2010 Page 6 of 13 A % t 11 � 0 1 SLNIBLLH I AMILY PARINLRSHIP, LID NIPUD MASH? PLAN wn McMULLENMPUD EXHIBIT "C' t J +W POW m 4 on 44 > C` 4-16-2010 Page 7 of 13 - -- ------- - - --- I ------ - �j I ------ III -j > 4-16-2010 Page 8 of 13 S[:A4BLLI7 I A,'WIL Y PARTNERSHIP '42, L71) A kcMULLL N MPUD WK CONCEPTUAL WA I El? ,�tl INIANAGEMENTPLAN 4-16-2010 Page 8 of 13 SESIBLIJ? I AMITIES I PARTNEHS111A LTD WcAILILUN MPUD R TA U I"ILI INTER/ [At ILI S 01 fS177, IN A(I: LAIIIBI 84 1 4-16-2010 Page 9 of 13 i� Q p > Iv > Y nu 49 ---------- r8p s SESIBLIJ? I AMITIES I PARTNEHS111A LTD WcAILILUN MPUD R TA U I"ILI INTER/ [At ILI S 01 fS177, IN A(I: LAIIIBI 84 1 4-16-2010 Page 9 of 13 z p > SESIBLIJ? I AMITIES I PARTNEHS111A LTD WcAILILUN MPUD R TA U I"ILI INTER/ [At ILI S 01 fS177, IN A(I: LAIIIBI 84 1 4-16-2010 Page 9 of 13 M EXHIBIT D McMULLEN MPUD LEGAL DESCRIPTION THE S 1/2 OF THE SE 114 OF THE SW 1/4 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 80 FEET. The total acreage is approximately 19.32 acres. 4 -16 -2010 Page 10 of 13 EXHIBIT E McMULLEN MPUD DEVELOPER COMMITMENTS A. TRANSPORTATION Within 180 -days of the request of Collier County, the developer shall be responsible for 100% of the cost for the design and installation, or make payment in lieu of construction, at the discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter to serve this site. The developer shall make payment in lieu at the time of Development Order application; or alternatively shall design and construct the CAT bus shelter in a location approved by the Collier County Alternative Transportation Modes (ATM) Department prior to certificate of occupancy (CO). 2. Within 90 -days of the County's written request, the developer shall convey right -of -way along the project's south property line for the future extension of Rattlesnake Hammock Road. The required right -of -way shall be determined by Collier County, but shall not exceed 60 feet in width, and shall be conveyed in fee simple ownership to Collier County. Prior to the issuance of the first CO, the developer agrees to construct the two north lanes of the ultimate four total lanes of Rattlesnake Hammock Extension, and agrees to accommodate storm water management for these two lanes. The fee simple conveyance of the right -of -way, construction of the two lanes, and accommodation of water management shall be at no cost to Collier County. 3. The site shall be designed to provide for future vehicular, pedestrian and bicycle interconnection to adjacent properties to the east as generally depicted on the McMullen MPUD Master Plan and will also be designed to provide for internal connectivity for vehicles, pedestrians and bicycles. 4 -16 -2010 Page 1 I of 13 �I Figure 1 TRANSPORTATION (Continued) zj 4. The driveways are conceptual and shall meet access management requirements of Res. 01 -247, as amended. 5. The total combination of allowable land uses on this site shall not be allowed to exceed the maximum trip generation proposed in Scenario "1" in the TIS (423 p.m. peak hour trips). The County may limit square footage or the number of units or any building during any subsequent development order based on the trip generation limit. Any future tenant change that increases trip generation (i.e. General Office to Medical Office) will require Transportation review and may not be allowed if the total proposed trips exceed the maximum impact listed in this stipulation. B. ENVIRONMENTAL 1. There shall be a minimum of 0.84 acres of Collier County native preserve associated with this MPUD. There shall be a minimum of 0.81 acres of created native preserve within the require 0.84 acre Collier County native preserve area. 2. The following listed species management plans shall be submitted with the next site development plan /plat development order request: Big Cypress fox squirrel, Eastern indigo snake, Florida black bear, Florida panther. C. PLANNING The developer its successors or assignee shall provide to any potential resident a disclosure statement with respect to the noise that is associated with the Swamp Buggy Races located at 8250 Collier Boulevard, Naples, FL as it relates to the location of this MPUD. This statement shall disclose that the Florida Sports Park and Swamp Buggy operations regularly generate noise which can be heard on the PUD property, both during the day and into the evening, including but not limited to, noise from swamp buggy racing, tractor pulls, festivals, and music concerts. The statement must be presented to the potential buyer prior to entering into any sales contract. 4 -16 -2010 Page 12 of 13 Within 120 days of approval of this PUD, Owner shall record in the public records of Collier County a notice of proximity to the Florida Sports Park and Swamp Buggy grounds. This notice shall disclose that the Florida Sports Park and Swamp Buggy operations regularly generate noise which can be heard on the PUD property, both during the day and into the evening, including but not limited to, noise from swamp buggy racing, tractor pulls, festivals, and music concerts. The legal description of the PUD shall be attached to the notice. 3. The eastern boundary of the MPUD shall be landscaped in accordance with the requirements for a Type C buffer. 4. All senior housing buildings shall be constructed in a manner to provide an exterior ambient sound level reduction of SLR 35 decibels, consistent with the provisions of LDC Subsection 4.02.06.N.6.g. 4 -16 -2010 Page 13 of 13 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 2010 -18 Which was adopted by the Board of County Commissioners on the 27th day of April, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of April, 2010. DWIGHT E. BROCK Clerk of Courts, 'anc4 „glerk'' Ex- officio to Bo41ad or County Commisalonpr,s By. Teresa Polaski, Deputy Clerk • � J'