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Backup Documents 06/11/2019 Item # 9A 9A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: L spay c "-c rris,me rl!MUST NOT BE placed in that portion of the newspaper where classified advertisements aonear Originating Dept/Div: GMD/Zoning Person: Nancy Gundlach Principal Planner Date:May 15,2019 Petition No (If none,give a brief description) PL20170000768 Petitioner (Name&Address) Grady Minor-Sharon Umpenhour 3800 Via Del Rey Bonita Springs,FL 34134 Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date. Collier County Board of County Commissioners(BCC)at 9:00 A.M.,June 11,2019. (Based on advertisement appearing 20 days before hearing Newspaperls)to be used (Complete only if important) xxx Naples Daily News Account#068779 Other Legally Required Purchase Order No.4500190197 Proposed text:(include legal description&common locations&size Legal Section Non-Legal Section Companion petition(s) if any&proposed hearing date Does Petition Fee include advertising cost? x Yes No. If yes.what account should be charged for advertising costs 131-138326-649100-00000 Reviewed By: Date Division Administrator or Designee List Attachments DISTRIBUTION INSTRUCTIONS 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 documents 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 B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK'S OFFI E Date Received &� �� Date of Public Hearing (191I Jt Date Advertised Cia-a--1�� 9A Teresa L. Cannon From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Wednesday, May 15, 2019 4:06 PM To: Minutes and Records Cc: Ann P.Jennejohn; bellows_r; BosiMichael; RodriguezWanda; NeetVirginia; kendall_m; JorgeShayra; GundlachNancy; SmithCamden; VelascoJessica Subject: Ad Request for your review - Baumgarten ( PUDR) PL20170000768 Attachments: Ad Request.docx; Ordinance - 040919.pdf; Signed Ad Request.pdf Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Ad run date is 5/22/2019. Thank you in advance, ,4eeza 4CL eX14 Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at httr://bit.ly/CollierZoning. Co ler CM4VitV Exceeding Expectations Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 9A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on June II,2019, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail,Naples Fl.,the Board of County Commissioners(BCC)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 ESTABLISHED 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 A RURAL AGRICULTURAL(A)ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT(MPUD)ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE BAUMGARTEN MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 400 MULTIFAMILY AND/OR TOWNHOUSE RESIDENTIAL DWELLING UNITS AND UP TO 140 HOTEL/MOTEL ROOMS AND UP TO 370,000 SQUARE FEET OF COMMERCIAL LAND USES AT THE SOUTHEAST QUADRANT OF IMMOKALFE ROAD AND COLLIER BOULEVARD, IN SECTION 26, TOWNSHIP 48, RANGE 26. COLLIER COUNTY, FLORIDA.CONSISTING OF 55.66+/-ACRES;AND BY PROVIDING AN EFFECTIVE DATE. [PL20170000768] A copy of the proposed Ordinance is on file with the Clerk to the Board and is 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 manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or organization may be allotted 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 materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any 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 Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY.FLORIDA CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER B>: 's'Patricia Morgan Deputy Clerk(SEAL) 9A ORDINANCE NO. 19- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE BAUMGARTEN MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 400 MULTIFAMILY AND/OR TOWNHOUSE RESIDENTIAL DWELLING UNITS AND UP TO 140 HOTEL/MOTEL ROOMS AND UP TO 370,000 SQUARE FEET OF COMMERCIAL LAND USES AT THE SOUTHEAST QUADRANT OF IMMOKALEE ROAD AND COLLIER BOULEVARD, IN SECTION 26, TOWNSHIP 48, RANGE 26, COLLIER COUNTY, FLORIDA, CONSISTING OF 55.66 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL201700007681 WHEREAS, Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing BCHD Partners II, LLC, 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 26, Township 48, Range 26, Collier County, Florida, is changed from a Rural Agricultural (A) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the 55.66+/- acre project to be known as the Baumgarten MPUD, to allow construction of a [17-CPS-01708/1469858/1]130 Pelican Nursery/PL20170000768 Page 1 of 2 4/9/19 9q maximum of 400 residential dwelling units and up to 140 hotel/motel rooms and up to 370,00 square feet of commercial land uses in accordance with the Baumgarten MPUD Document, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. 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 Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk William L. McDaniel,Jr., Chairman Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Exhibit A: Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: Requested Deviations from LDC Exhibit El: Deviation#1 Cross Section Exhibit F: Developer Commitments [I7-CPS-01708/1469858/I]130 Pelican Nursery/PL20170000768 Page 2 of 2 4/9/19 9A EXHIBIT A BAUMGARTEN MPUD PERMITTED USES A maximum of 400 residential dwelling units, 370,000 square feet of gross commercial floor area and a 140 hotel/motel rooms shall be permitted within the MPUD. The uses are subject to the trip cap identified in Exhibit F, Section 4.a of this PUD. 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: MIXED-USE: A. Principal Uses (SIC In Parenthesis): 1. Accident and Health Insurance Services (6321) 2. Accounting, Auditing and Bookkeeping Services (8721) 3. Adjustment services (7322) 4. Advertising (consultants) agencies (7311) 5. Advertising, not elsewhere classified (7319) 6. Agricultural uses (interim until first certificate of occupancy for (N/A) any permitted use) 7. Architectural services (8712) 8. Animal Hospitals (0742) 9. Auto and Home Supply Stores (5531) 10. Automotive Washing and Polishing (7542) 11. Bakeries, Retail (5461) 12. Banks, commercial: national (6021) 13. Banks, commercial: not chartered (6029) 14. Banks, commercial: state (6022) 15. Banks, savings: Federal (6035) 16. Banks, savings: not federally chartered (6036) 17. Barber Shops (7241) 18. Beauty Shops (7231) 19. Book Stores (5942) 20. Breweries (limited to a maximum of 5,000 sq. ft.) (2082) 21. Business Associations (8611) 22. Business Consulting Services, not elsewhere classified (8748) 23. Camera and Photographic Supply Stores (5946) 24. Candy, Nut and Confectionery Stores (5441) 25. Carpet and Upholstery Cleaning (7217) Baumgarten MPUD Exh A-F-rev8.docx April 8, 2019 Page 1 of 19 9A 26. Civic, Social and Fraternal Associations (8641) 27. Clothing and Accessory Stores, Men's and Boy's (5611) 28. Clothing Stores, Women's (5621) 29. Collection Services (7322) 30. Commodity Contracts Brokers and Dealers (6221) 31. Commercial Art and Graphic Design (7336) 32. Commercial Photography (7335) 33. Commercial Economic, Sociological and Educational Research (8732) 34. Computer and Computer Software Stores (5734) 35. Computer Facilities Management Services (7376) 36. Computer Maintenance and Repair (7378) 37. Computer Processing and Data Preparation Services (7374) 38. Computer Programming services (7371) 39. Computer Rental and Leasing (7377) 40. Credit Reporting Services (7323) 41. Credit Unions, Federal (6061) 42. Credit Unions, State: not federally chartered (6062) 43. Dairy Products Stores (5451) 44. Data Processing Consultants (7379) 45. Dance Studios, Schools and Halls (7911) 46. Data Processing Services (7374) 47. Dental Laboratories (8072) 48. Dentist Office/Clinic (8021) 49. Department Stores (5311) 50. Direct mail advertising service (7331) 51. Direct Selling Establishments (5963) 52. Doctors- Medicine Offices and Clinics (8011) 53. Doctors-Osteopathy Offices and Clinics (8031) 54. Doctors-Chiropractors Offices and Clinics (8041) 55. Dog Grooming (0752) 56. Drapery, Curtain and Upholstery Stores (5714) 57. Drinking Places (Alcoholic Beverages); Bottle Clubs and Cabarets (5813) are not permitted 58. Drug Stores (5912) 59. Dwelling Units- Multi-family and Townhouse, above retail or office uses 60. Eating Places (5812) 61. Engineering services: industrial, civil, electrical, mechanical, (8711) marine and design Baumgarten MPUD Exh A-F-rev8.docx April 8, 2019 Page 2of19 9A 62. Executive Offices (9111) 63. Executive and Legislative Offices Combined (9131) 64. Fire, Marine and Casualty Insurance Services (6331) 65. Florists (5992) 66. Food Stores, Miscellaneous (5411, 5499) 67. Foreign Branches and Agencies of Banks (6081) 68. Foreign Trade and International Banking Institutions (6082) 69. Funeral home or parlor (7261) 70. Garment Pressing, and Agents for Dry Cleaners (7212) 71. Gasoline Service Stations (5541) 72. General Automotive Repair Shops (7538) 73. General Government, not elsewhere classified (9199) 74. General Merchandise Stores (including warehouse clubs and (5311-5399) discount retail superstores) 75. Gift, Novelty and Souvenir Shops (5947) 76. Hair weaving or Replacement Services (7299) 77. Hardware Store (5251) 78. Health practitioners- not elsewhere classified (8049) 79. Hobby, Toy and Games Shops (5945) 80. Home health care services (8082) 81. Home Furniture and Furnishings Stores (5712- 5719) 82. Hotels and Motels (maximum of 140 rooms within the PUD) (7011) 83. Household Appliance Stores (5722) 84. Hospital and Medical Service Plans (6324) 85. Information Retrieval Services (7375) 86. Insurance Carriers, not elsewhere classified (6399) 87. Investment Advice (6282) 88. Jewelry Stores (5944) 89. Land Subdividers and Developers (6552) 90. Landscape architects, consulting and planning (0781) 91. Laundries (Coin Operated) and Dry-cleaning (7215) 92. Legal services (8111) 93. Libraries (except regional libraries) (8231) 94. Life Insurance (6311) 95. Liquor Stores (5921) 96. Loan brokers (6163) 97. Luggage and Leather Goods Stores (5948) Baumgarten MPUD Exh A-F-rev8.docx April 8, 2019 Page 3 of 19 9A 98. Lumber and Other Building Materials Dealers (including home (5211) improvement superstores) 99. Management Services (8741) 100. Management Consulting Services (8742) 101. Markets, Meat and Fish (Seafood) Markets (5421) 102. Markets, Fruit and Vegetable Markets (5431) 103. Medical Equipment Rental and Leasing (7352) 104. Medical Laboratories (8071) 105. Membership Organizations, not elsewhere classified (8699) 106. Membership Warehouse Clubs with Gas and Liquor (No SIC) 107. Miniwarehouse/self-storage (indoor only) (4225) 108. Miscellaneous amusement and recreational services not (7999) elsewhere classified. Only judo instruction, karate instruction, moped rental, motorcycle rental, rental of bicycles, scuba and skin diving instruction are permitted 109. Miscellaneous Business Credit Institutions (6159) 110. Miscellaneous Home Furnishings Stores (5719) 111. Miscellaneous personal services, not elsewhere classified (7299) excluding massage parlors, steam baths,tattoo parlors and Turkish baths. Day spas are permitted. 112. Miscellaneous Retail Stores, not elsewhere classified (5999) 113. Mortgage Bankers and Loan Correspondents (6162) 114. Motion Picture Theaters (7832) 115. Musical Instrument Stores (5736) 116. News Dealers and Newsstands (5994) 117. Nondeposit Trust Facilities (6091) 118. Optical Goods Stores (5995) 119. Optometrists-offices and clinics (8042) 120. Paint, Glass and Wallpaper Stores (5231) 121. Pension, Health and Welfare Funds (6371) 122. Personal Credit Institutions (6141) 123. Photocopying and Duplicating Services (7334) 124. Photographic Studios, Portrait (7221) 125. Photofinishing Laboratories (7384) 126. Physical Fitness Facilities (7991) 127. Podiatrists-offices and clinics (8043) 128. Political Organizations (8651) 129. Professional Membership Organizations (8621) Baumgarten MPUD Exh A-F-rev8.docx April 8,2019 Page 4 of 19 9A 130. Professional Sports Clubs and Promoters, indoor only (7941) 131. Public Relations Services (8743) 132. Radio, Television and Consumer Electronics Stores (5731) 133. Radio,Television and Publishers Advertising Representatives (7313) 134. Real Estate Agents and Managers (6531) 135. Record and Prerecorded Tape Stores; adult video rental or sales (5735) prohibited 136. Religious Organizations (8661) 137. Repair Shops and Related Services, not elsewhere classified (7699) 138. Retail Nurseries, Lawn and Garden Supply Stores (5261) 139. Secretarial and Court Reporting Services (7338) 140. Security Brokers, Dealers and Flotation Companies (6211) 141. Security and Commodity Exchanges (6231) 142. Services Allied with the Exchange of Securities or Commodities, (6289) not elsewhere classified 143. Sewing, Needlework and Piece Goods Stores (5949) 144. Shoe Repair Shops and Shoeshine Parlors (7251) 145. Short-Term Business Credit Institutions, except agricultural (6153) 146. Social Services, Individual and Family(activity centers, elderly or (8322) handicapped only; day care centers for adult and handicapped only) 147. Sporting Goods Stores and Bicycle Shops (5941) 148. Stationery Stores (5943) 149. Stores, Children's and Infants Wear (5641) 150. Stores, Family Clothing (5651) 151. Stores, Miscellaneous Apparel and Accessory (5699) 152. Stores, Shoes (5661) 153. Stores, Women's Accessory and Specialty (5632) 154. Surety Insurance (6351) 155. Surveying Services (8713) 156. Tanning Salons (7299) 157. Tax Return Preparation Services (7291) 158. Tire retreading and repair shops,tire repair only (7534) 159. Title Abstract Offices (6541) 160. Title Insurance (6361) 161. Tobacco Stores and Stands (5993) 162. Travel Agencies (no other transportation services) (4724) 163. Tutoring (8299) Baumgarten MPUD Exh A-F-rev8.docx April 8, 2019 Page 5 of 19 9A 164. Used Merchandise Stores (excluding pawn shops) (5932) 165. Veterinary services for animal specialties (0742) 166. Video Tape Rental, adult video rental or sales prohibited (7841) 167. Watch, Clock and Jewelry Repair (7631) 168. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. B. Accessory Uses: 1. Uses and structures that are accessory and incidental to the permitted uses within this MPUD document. 2. Water management facilities to serve the project such as lakes. 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. 4. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this MPUD as determined by the BZA or the Hearing Examiner. RESIDENTIAL: A. Principal Uses: 1. Dwelling Units - Multi-family and Townhouse 2. Model homes/ model sales or leasing offices 3. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the principal uses permitted in this MPUD, including but not limited to garages, carports, swimming pools,spas and screen enclosures. 2. Water management facilities to serve the project such as lakes. 3. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this MPUD as determined by the BZA or the Hearing Examiner. Baumgarten MPUD Exh A-F-rev8.docx April 8, 2019 Page 6 of 19 9A C. Amenity Area: 1. Principal Uses: a. Clubhouses, community administrative facilities and recreational facilities intended to serve residents and guests, including leasing and construction offices. b. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. 2. Accessory Uses: a. Accessory uses and structures customarily associated with the principal uses permitted in this MPUD,including but not limited to swimming pools and spas. b. Water management facilities to serve the project such as lakes. c. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. d. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this MPUD as determined by the BZA or the Hearing Examiner. Baumgarten MPUD Exh A-F-rev8.docx April 8, 2019 Page 7 of 19 9A EXHIBIT B BAUMGARTEN MPUD DEVELOPMENT STANDARDS The tables below set forth the development standards for land uses within the Baumgarten 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. I. MIXED-USE: MINIMUM LOT AREA 10,000 Sq. Ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS (External) From lmmokalee Road ROW 25 ft. SPS From Collier Boulevard ROW 25 ft. SPS From Eastern Project Boundary 50 ft. 15 ft From Southern Project Boundary 200 ft. Minimum 200 ft. Minimum MINIMUM YARDS (Internal) Internal Drives/ROW 10 ft. 10 ft Rear 10 ft. 10 ft. Side 10 ft. 10 ft. Lakes (measured from control elevation) 25 ft. 20 ft.* Preserve 25 ft. 10 ft. MIN. DISTANCE BETWEEN STRUCTURES 1/2 the sum of building heights '110 Ft. MAXIMUM HEIGHT Retail Buildings 45 ft. 65 ft. 35 ft. 45 ft. Office Buildings and Hotel/Motel 55 ft. 65 ft. 35 ft. 45 ft. MINIMUM FLOOR AREA(ground floor) 1,000 sq.ft. ** N/A MAXIMUM GROSS COMMERCIAL AREA 370,000 sq.ft. N/A HOTEL/MOTEL 140 rooms maximum in PUD * No structure may be located closer than 20 feet to the control elevation of a lake(allowing for the required minimum 20-foot wide lake maintenance easement). ** Per principal structure. Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC. Note: Residential dwellings may be constructed above retail or office use. Baumgarten MPUD Exh A-F-rev8.docx April 8, 2019 Page 8 of 19 9A II. RESIDENTIAL: RINct.. CTuVitrt40 --Ott VAt4Y ' w iP u �i xy, a' k"• 4k Minimum Lot Area 1,440 SF 43,560 SF N/A Minimum Lot Width 18 feet N/A N/A Minimum Lot Depth 80 feet N/A N/A Minimum Front Yard Setback 20 feet *2 20 feet *2 15 feet Minimum Side Yard Setback 0/10 feet *1 0/10 feet *1 15 feet Minimum Rear Yard Setback 15 feet 15 feet 15 feet Minimum Preserve Setback 25 feet 25 feet 25 feet Minimum PUD Boundary Setback 50 feet 50 feet 50 feet *5 Maximum Building Height Zoned 45 feet 55 feet 25 feet Actual 50 feet 65 feet 35 feet Minimum Distance Between Buildings 20 feet 20 feet N/A Floor Area Minimum, per unit 750 SF 684 SFyy N/A AC .4108 Y$114/0011.ES*6 Minimum Front Yard Setback *2 15 feet 15 feet 10 feet Minimum Side Yard Setback 10 feet 10 feet 10 feet Minimum Rear Yard Setback *3 10 feet 10 feet 10 feet Minimum Preserve Setback 10 feet 10 feet 10 feet Minimum PUD Boundary Setback 15 feet 15 feet 15 feet Minimum Distance Between Buildings 0/10 feet 0/10 feet N/A Maximum Height Zoned 35 feet 35 feet 25 feet Actual 40 feet 40 feet 30 feet SPS—Same as Principal Structure BH—Building Height(zoned height) *1—Minimum separation between adjacent dwelling units, if detached,shall be 10'. *2—Front yards shall be measured from back of curb (if curbed) or edge of pavement(if not curbed) for private streets or drives,and from ROW line for any public roadway. Single-family front entry garages shall have a 23'setback from back of sidewalk. *3—All landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not be within a residential lot. Where a home site abuts a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts,the accessory structure setback on the residential lot may be reduced to zero(0)feet where it abuts the easement. *4—When not located in a residential building within the "R"tract. *5—Does not apply to passive recreational uses such as trails/pathways. *6 - Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetscape, passive parks and access control structures shall have no required setback,except as listed below, and are permitted throughout the"R" designated areas of the PUD; however such structures shall be located such that they do not cause vehicular stacking into the road right-of-way or create site distance issues for motorists and pedestrians. Baumgarten MPUD Exh A-F-rev8.docx April 8, 2019 Page 9 of 19 9A Maximum Height for Guardhouses/Gatehouses: Zoned: 25' Actual: 30' Note:nothing in this MPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. Baumgarten MPUD Exh A-F-rev8.docx April 8, 2019 Page 10 of 19 9A NV 8011 5tOZ/9/9 7/AGLA-tlOVI-JHX3\S`JN1MVtld\C69L000OLlOrld)A213S2141N 1110I13d-70ndNd\ONINNVId - fOtld\`JNINIw1d\5314\1V 01 VIa0\\ n. aX S t �„ ill = M m ga R u ce ed ly s J F-7 7 a of —��z—s S a c y WQ OUR. 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W ^ 5 Z W < o os Cr F- Z Z a U w < - W .4- ch a OOJ < 0 W Z - Q +1 - W < D D D 0 v) < LL co w Z Z 2 2 2 Z Z W P .� XX x xx � � � �QC� � Q ¢ Q U � F' O0 Q O Q (1 Z a oM M - W O > _J W W W - < < V p p Z g U W 5 z } fn (n } gp (n _i W W < W W > p 0 Q < mDLii f' wix J J W di CC JC' F_-- - p w 2 � LUILI- F- LWL 0 O Q » cnDc� z � cnxXw2QO5- z 2 awix = wwiO = J - - CCQCC CO W L ] (i) CCd c F- Q F- ZF- p W H O W O O 0- 0 N cvi v) F' ct U I 0 z 9A EXHIBIT D BAUMGARTEN MPUD LEGAL DESCRIPTION PARCEL 1 (PARCEL NO. 00192920001): THE NW 1/4 OF THE NW 1/4, SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, LESS THE NORTH 100 FEET PREVIOUSLY CONVEYED FOR ROAD RIGHT-OF-WAY AND LESS RIGHT OF WAY DESCRIBED IN O.R. BOOK 2568, PAGE 1176 AND LESS RIGHT OF WAY DESCRIBED IN O.R. BOOK 3328, PAGE 1487, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2 (PARCEL NO. 00192360001): THE WEST 60% OF THE NE 1/4 OF THE NW 1/4, SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, LESS THE NORTH 100 FEET PREVIOUSLY CONVEYED FOR ROAD RIGHT-OF-WAY AND LESS ROAD RIGHT-OF-WAY DESCRIBED IN O.R. BOOK 3328, PAGE 1487, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE ABOVE DESCRIBED LANDS BEING SUBJECT TO THE TERMS OF THAT BOUNDARY LINE AGREEMENT RECORDED IN OFFICIAL RECORD BOOK 2228, PAGE 1540, COLLIER COUNTY, FLORIDA, AND SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A TRACT OR PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26,THENCE S.89°58'37"E.ALONG THE NORTH LINE OF SAID SECTION 26, A DISTANCE OF 105.55 FEET; THENCE S.00°01'23"W. DEPARTING SAID NORTH LINE, A DISTANCE OF 136.96 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING, THENCE RUN ALONG SAID SOUTH RIGHT-OF-WAY THE FOLLOWING NINE (9) COURSES: 1. N.86°54'32"E.,A DISTANCE OF 220.75 FEET, 2. S.89°58'57"E.,A DISTANCE OF 585.17 FEET, 3. S.00°01'25"W.,A DISTANCE OF 15.00 FEET, 4. S.89°58'25"E., A DISTANCE OF 301.91 FEET, 5. S.00°01'35"W., A DISTANCE OF 3.94 FEET, 6. 5.89°58'25"E., A DISTANCE OF 89.97 FEET, 7. N.00°01'25"E.,A DISTANCE OF 15.00 FEET, 8. S.88°54'04"E., A DISTANCE OF 22.92 FEET, 9. S.88°54'04"E.,A DISTANCE OF 793.22 FEET; Baumgarten MPUD Exh A-F-rev8.docx April 8, 2019 Page 13 of 19 9A TO AN INTERSECTION WITH THE WEST BOUNDARY LINE OF THE PLAT OF BENT CREEK PRESERVE, AS RECORDED IN PLAT BOOK 55, PAGE 61, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S.02°16'43"E. DEPARTING SAID SOUTH RIGHT-OF-WAY ALONG SAID WEST BOUNDARY LINE, A DISTANCE OF 1,194.23 FEET TO AN INTERSECTION WITH THE NORTH BOUNDARY LINE OF THE PLAT OF TUSCANY COVE,AS RECORDED IN PLAT BOOK 42, PAGE 15, OF SAID PUBLIC RECORDS; THENCE N.89°59'25"W. ALONG SAID NORTH LINE, A DISTANCE OF 2,013.46 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 100 FOOT WIDE CANAL RIGHT- OF-WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 12, PAGE 348, OF SAID PUBLIC RECORDS; THENCE N.02°15'50"W., ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 1,201.93 FEET TO THE POINT OF BEGINNING. PARCEL NO. 00192920001 CONTAINS 33.82 ACRES, MORE OR LESS. PARCEL NO. 00192360001 CONTAINS 21,84 ACRES, MORE OR LESS. TOTAL PARCEL CONTAINS 55.66 ACRES, MORE OR LESS. 1 Baumgarten MPUD Exh A-F-rev8.docx April 8, 2019 Page 14 of 19 9A EXHIBIT E BAUMGARTEN MPUD DEVIATIONS FROM THE LDC DEVIATION 1: From LDC Section 6.06.01. — "Street System Requirements" and "Appendix B, Typical Street Sections and Right-of-Way Design Standards". The LDC establishes a minimum 60-foot right of way width for local streets.This deviation proposes to instead allow for private roads within the site to be located in a 50-foot wide access easement or Right-of-Way, as shown on the Master Plan and in Exhibit El, Deviation#1 Cross Section. DEVIATION 2: From WC Section 5.06.04.F.3, "Directory Signs", which requires a Directory Sign to be a maximum of 20 feet in height and a maximum of 200 square feet, to instead allow the Directory Sign located at the Collier Boulevard entrance to the MPUD to be a maximum of 25 feet in height and a maximum of 250 square feet in size. DEVIATION 3: From LDC Sections 5.06.04.F1 and 5.06.04.F.2, "Ground Signs", which allows each outparcel to have a single ground sign along a public street, to instead allow outparcels and individual free standing uses within the MPUD to have one additional ground sign that is oriented to the internal private by-pass driveway (labeled as R.O.W or access easement on the Master Plan) that is provided for in the MPUD. Baumgarten MPUD Exh A-F-rev8.docx April 8, 2019 Page 15 of 19 9A Nd 1,01 4tOZ/c1/i ONA'9A-001-O11%3\SONIAMICIV891.0000[tOZid)Ad35d(1N NV713d-ZONdNd\OMNNVId- I'021d\ONWNV7d)S3ly\1'0014'90\\ 4 c w No \�,' ;\�/ /\ • w /j /\/ ,,,, i . „,„, \ 1 0 Ep_o \\// �\\/\\\//\///\` 0 , \ < </\ CI, In O . , 1 i 4 — VI,..., itig \/\ L5 i.,, LL, z ,,, ,F, L:_, H 1 /\ , Y al 5W N i /i\/ 0 f �,xy , 1• wY � UJ w . -I/, 1.6 a w .Z.4 ao ` $\\/ a s "a <� v ` v \\� 3fc d E a //\%//: i` I I x ci www M 03 / / \ ' i > w g w !IN � v c Fr- 1 `) j /\ A ` g 0a , a\1 N jv/\\ e ioo �� ;\//�//\//\ m} '0 y ..��/\���Z//\ ® 0 S 1 ° a 'iii jl`\�'AW .,l4to �� \x \/ //`i\�i U. /\///t\ \` 1 \\ ,\ 9A EXHIBIT F BAUMGARTEN MPUD DEVELOPMENT COMMITMENTS 1. PUD MONITORING One entity(hereinafter the Managing Entity)shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval,the Managing Entity is BCHD Partners II, LLC, 2600 Golden Gate Parkway, Naples, FL 34105. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval,the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 2. MISCELLANEOUS a. All other applicable state or federal permits must be obtained before commencement of the development. b. Pursuant to Section 125.022(5) F.S., Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. c. Parking lot lighting shall be dark sky compliant (flat panel, full cut off fixtures—BUG rating where U =0)to avoid light spill onto adjacent properties. Fixtures within 50-ft of residential properties along the PUD boundary shall be set at no higher than a 15- ft mounting height. Otherwise the site light poles shall not exceed a 25-ft mounting height. Light levels along the PUD boundary shall be limited to no more than 0.2-ft- candles along the joint property line where adjacent to residential property (i.e. not applicable to Collier Blvd and Immokalee Rd). However light levels at Baumgarten MPUD Exh A-F-rev8.docx April 8, 2019 Page 17 of 19 9A interconnections identified on the Master Plan may be standard lighting for residential development. 3. UTILITIES a. As part of the subdivision plat approval or SDP for the residential portion of the PUD, the owner shall provide a water main stub-out to the southern property line of the PUD, at the interconnect location shown on the PUD Master Plan, in a location determined by the owner and approved by the County. A County Utility Easement will be conveyed by owner to County at no cost to the County for the water main stub- out and shall be shown on the recorded plat or recorded by separate instrument prior to preliminary acceptance of utilities. The stub-out shall be sized to supply fire flow to the PUD under maximum day conditions, as required by Collier County Design Criteria in the Collier County Water-Sewer District Utilities Standards Manual, as adopted by Ordinance 2004-31, as amended, and as further amended by Resolution No. 2014-258, or its successor resolution. This stub-out will not be required if the residential tract is master metered. b. As part of the subdivision plat approval or SDP for the residential portion of the PUD, the owner shall provide a water main stub-out to the eastern property line of the PUD, at the location of the terminus of Glenforest Drive within the Bent Creek Preserve RPUD. A County Utility Easement will be conveyed by owner to County at no cost to the County for the water main stub-out and shall be shown on the recorded plat or recorded by separate instrument prior to preliminary acceptance of utilities. The stub-out shall be sized to supply fire flow to the PUD under maximum day conditions, as required by Collier County Design Criteria in the Collier County Water-Sewer District Utilities Standards Manual, as adopted by Ordinance 2004-31, as amended, and as further amended by Resolution No. 2014-258, or its successor resolution. This stub- out will not be required if the residential tract is master metered. 4. TRANSPORTATION a. The maximum net external trip generation for the PUD shall not exceed 1,159 two- way PM peak hour trips as a mixed-use commercial/residential project (internal capture and pass by trips deducted).The trips will be based on the applicable land use codes in the Institute of Transportation Engineers (ITE) Trip Generation Manual in effect at the time of application for Site Development Plan (SDP), or Plat and Construction Plan (PPL) approval. b. As a part of the first application for Site Development Plan or Plat for construction of the development an operational Transportation Impact Statement will be provided that includes the entire development (highest and best use) for review and approval by Collier County Transportation staff which will be updated/revised with each subsequent SDP or Plat application until the build-out condition is achieved. Baumgarten MPUD Exh A-F-rev8.docx April 8, 2019 Page 18 of 19 9A 5. SPECIAL CONDITIONS a. No adult orientated sales are permitted. b. For commercial uses, outdoor music and televisions shall be limited to the areas that are a minimum of 500 feet from the southern and eastern PUD boundaries. There will be no outdoor amplified sound between the hours of 10 p.m. and 8 a.m. weekdays and 12 a.m. and 8 a.m on weekends. c. Dumpsters shall be oriented as far away from residential units as possible. d. Delivery bays shall not abut external residential development. e. Service bays related to automobile service and repair shall be located so that they do not face any external residential district within 1500 feet. f. All pole lighting located in Amenity Areas shall be limited to flat full cutoff shields. Baumgarten MPUD Exh A-F-rev8.docx April 8, 2019 Page 19 of 19 9A Teresa L. Cannon From: Teresa L. Cannon on behalf of Minutes and Records Sent: Wednesday, May 15, 2019 4:21 PM To: CasanovaAlexandra Subject: RE:Ad Request for your review - Baumgarten ( PUDR) PL20170000768 Thanks, I will send the proof as soon as I get it. Teresa Cannon BMR Senior Clerk II o;t�xr ,= �, Office: 239-252-8411 1- ` Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 47+,ri s hr 3299 Tamiami Trail E, Suite#401 '" Naples, FL 34112-5746 www.CollierClerk.com From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent:Wednesday, May 15, 2019 4:06 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; bellows_r<Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; kendall_m <Marcia.Kendall@colliercountyfl.gov>; JorgeShayra <Shayra.Jorge@colliercountyfl.gov>; GundlachNancy<Nancy.Gundlach@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Subject: Ad Request for your review- Baumgarten ( PUDR) PL20170000768 Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Ad run date is 5/22/2019. Thank you in advance, exa4t444 eaaamaua Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning.CoPr County 9A NDN Acct #068779 May 16, 2019 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PL20170000768 — Baumgarten PUDR Dear Legals: Please advertise the above referenced notice on Wednesday, May 22, 2019, and send the Affidavit of Publication, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500190197 9A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on June 11,2019, in the Board of County Commissioners Meeting Room,Third Floor,Collier Government Center,3299 East Tamiami Trail, Naples Fl., the Board of County Commissioners (BCC) 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 ESTABLISHED 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 A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT(MPUD)ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE BAUMGARTEN MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 400 MULTIFAMILY AND/OR TOWNHOUSE RESIDENTIAL DWELLING UNITS AND UP TO 140 HOTEL/MOTEL ROOMS AND UP TO 370,000 SQUARE FEET OF COMMERCIAL LAND USES AT THE SOUTHEAST QUADRANT OF IMMOKALEE ROAD AND COLLIER BOULEVARD, IN SECTION 26, TOWNSHIP 48, RANGE 26, COLLIER COUNTY, FLORIDA, CONSISTING OF 55.66+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20170000768] A copy of the proposed Ordinance is on file with the Clerk to the Board and is 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 manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 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 materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any 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 Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA WILLIAM L.MCDANIEL,JR.,CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Teresa Cannon Deputy Clerk(SEAL) Crystal K. Kinzel G�curTcouRT Collier County A Clerk of the Circuit Court and Comptroller o 9 3315 Tamiami Trail East, Suite 102 Naples, Florida 34112-5324 courrrt.F� May 16, 2019 Sharon Umpenhour Q. Grady Minor 3800 Via Del Rey Bonita Springs, FL 34134 Re: PL20170000768 — Baumgarten PUDR Dear Petitioner, Please be advised the above referenced petition will be considered by the Collier County Board of County Commissioners Tuesday, June 11, 2019. A legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, May 22, 2019. You are invited to attend this public hearing. Sincerely, CRYSTAL KINZEL, CLERK Teresa Cannon, Deputy Clerk Enclosure Phone-(239)252-2646 Fax-(239) 252-2755 Website-www.CollierClerk.com Email-CollierClerk@collierclerk.com 9A Teresa L. Cannon From: Teresa L. Cannon Sent: Thursday, May 16, 2019 9:25 AM To: Naples Daily News Legals Subject: PL20170000768 - Baumgarten Attachments: PL20170000768 (BCC 6-11-19).doc; PL20170000768 (BCC 6-11-19).doc Legals, Please advertise the attached Legal Ad on Wednesday, May 22, 2019. Thanks Teresa Cannon BMR Senior Clerk II �,r+t,:« ; Office: 239-252-8411 .` 4tr'11, Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail E, Suite#401 k<< y t1 Naples, FL 34112-5746 www.CollierClerk.com 1 9A Teresa L. Cannon From: GRSC-West-Legals mbx <GRSC-West-Legals@gannett.com> Sent: Thursday, May 16, 2019 10:56 AM To: Teresa L. Cannon Subject: RE: 2282504 PL20170000768 - Baumgarten Attachments: BCCZON I NG D-3-2282504-1.pdf Please use caution when opening attachments, clicking links, or replying to this message. Good Morning, The notice is scheduled to publish in the Naples Daily News on May 22.The total cost is$440.30 and a proof is attached. An affidavit will be sent after publication. Thank you! Brittany Grady Public Notice Representative Naples Daily News I LOCALiQ PART OF THE USA TODAY NETWORK Office: 239-263-4700, option 3 From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Thursday, May 16, 2019 8:25 AM To: NDN-Legals<legals@naplesnews.com> Subject: 2282504 PL20170000768- Baumgarten Legals, Please advertise the attached Legal Ad on Wednesday, May 22, 2019. Thanks Teresa Cannon BMR Senior Clerk II ,;�T a� :,qT Office: 239-252-8411 4`; Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court • & Comptroller of Collier County re oti• 3299 Tamiami Trail E, Suite#401 4corxr Naples, FL 34112-5746 www.CollierClerk.com 1 9A > Ad Proof sit neo Battu , . rwus Sales Rep:Kia Thor(UX25) Phone: Email: —1111111111111 ‘11111=1111111 Date:05/16/19 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:505868(N068779) Please confirm placement prior to deadline by contacting your account Company Name:BCC/ZONING DEPARTMENT rep at . Ad Id:2282504 P.O.No.:4500190197 Total Cost:$440.30 Contact Name: Email:Cheri.LaFara@collierclerk.com Tag Line:NOTICE OF PUBLIC HEARING NOTICE OF I Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date:05/22/19 Stop Date:05/22/19 Phone:(239)252-8351 Fax:(239)774-6179 Number of Timess:1 Class:16250-Public Notices Publications:ND-Naples Daily News,ND-Internet-naplesnews.com I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING OF A MAXIMUM OF 400 included in the Board agenda County Commissioners Office. NOTICE OF INTENT TO MULTIFAMILY AND/OR packets must submit said CONSIDER AN ORDINANCE TOWNHOUSE RESIDENTIAL material a minimum of 3 BOARD OF COUNTY Notice is hereby given that DWELLING UNITS AND UP TO weeks prior to the respective COMMISSIONERS a public hearing will be held 140 HOTEL/MOTEL ROOMS public hearing. In any case, COLLIER COUNTY,FLORIDA by the Collier County Board AND UP TO 370,000 SQUARE written materials intended of County Commissioners on FEET OF COMMERCIAL LAND to be considered by the WILLIAM L. MCDANIEL, JR., June 11, 2019, in the Board USES AT THE SOUTHEAST Board shall be submitted CHAIRMAN of County Commissioners QUADRANT OF IMMOKALEE to the appropriate County Meeting Room, Third Floor, ROAD AND COLLIER staff a minimum of seven CRYSTAL K.KINZEL, Collier Government Center, BOULEVARD, IN SECTION 26, days prior to the public CLERK OF THE CIRCUIT COURT 3299 East Tamiami Trail, TOWNSHIP 48, RANGE 26, hearing. All materials used &COMPTROLLER Naples Fl., the Board of COLLIER COUNTY, FLORIDA, in presentations before County Commissioners (BCC) CONSISTING OF 55.66+/- the Board will become a By: Teresa Cannon will consider the enactment ACRES; AND BY PROVIDING permanent part of the record. Deputy Clerk(SEAL) of a County Ordinance. The AN EFFECTIVE DATE. May 22,2019 No.2282504 meeting will commence at 9:00 [PL20170000768] Any person who decides to A.M. The title of the proposed appeal any decision of the Ordinance is as follows: A copy of the proposed Board will need a record of AN ORDINANCE OF THE BOARD Ordinance is on file with the the proceedings pertaining OF COUNTY COMMISSIONERS Clerk to the Board and is thereto and therefore, may OF COLLIER COUNTY,FLORIDA available for inspection. All need to ensure that a verbatim AMENDING ORDINANCE interested parties are invited record of the proceedings is NUMBER 2004-41, AS to attend and be heard. made, which record includes AMENDED, THE COLLIER the testimony and evidence COUNTY LAND DEVELOPMENT NOTE: All persons wishing upon which the appeal is CODE, WHICH ESTABLISHED to speak on any agenda based. THE COMPREHENSIVE ZONING item must register with the REGULATIONS FOR THE County manager prior to If you are a person with a UNINCORPORATED AREA OF presentation of the agenda disability who needs any COLLIER COUNTY,FLORIDA,BY item to be addressed. accommodation in order to AMENDING THE APPROPRIATE Individual speakers will be participate in this proceeding, ZONING ATLAS MAP OR MAPS limited to 3 minutes on any you are entitled,at no cost to BY CHANGING THE ZONING item. The selection of any you,to the provision of certain CLASSIFICATION OF THE individual to speak on behalf assistance. Please contact HEREIN DESCRIBED REAL of an organization or group is the Collier County Facilities PROPERTY FROM A RURAL encouraged. If recognized by Management Division,located AGRICULTURAL (A) ZONING the Chairman,a spokesperson at 3335 Tamiami Trail East, DISTRICT TO A MIXED USE for a group or organization Suite 101, Naples, FL 34112- PLANNED UNIT DEVELOPMENT may be allotted 10 minutes to 5356, (239) 252-8380, at least (MPUD)ZONING DISTRICT FOR speak on an item. two days prior to the meeting. THE PROJECT TO BE KNOWN Assisted listening devices AS THE BAUMGARTEN MPUD, Persons wishing to have for the hearing impaired TO ALLOW CONSTRUCTION written or graphic materials are available in the Board of Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. 9A Teresa L. Cannon To: NeetVirginia; GundlachNancy; CasanovaAlexandra; VelascoJessica Subject: FW: 2282504 PL20170000768 - Baumgarten Attachments: BCCZONINGD-3-2282504-1.pdf Please review - PL20170000768 Teresa Cannon BMR Senior Clerk II `�cu�t c ouRT Office: 239-252-8411 oz's` 4ro� Fax: 239-252-8408 okc Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County �� o�•c 3299 Tamiami Trail E, Suite#401 4.(01,Nr4.`‘ Naples, FL 34112-5746 www.CollierClerk.com From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Sent:Thursday, May 16, 2019 10:56 AM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: RE: 2282504 PL20170000768 - Baumgarten External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good Morning, The notice is scheduled to publish in the Naples Daily News on May 22.The total cost is$440.30 and a proof is attached. An affidavit will be sent after publication. Thank you! Brittany Grady Public Notice Representative Naples Daily News I LOCALiQ PART OF THE USA TODAY NETWORK Office: 239-263-4700, option 3 From:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Thursday, May 16, 2019 8:25 AM To: NDN-Legals<legals@naplesnews.com> Subject: 2282504 PL20170000768- Baumgarten 9A Teresa L. Cannon From: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov> Sent: Thursday, May 16, 2019 11:11 AM To: Teresa L. Cannon; NeetVirginia; CasanovaAlexandra; VelascoJessica Subject: RE: 2282504 PL20170000768 - Baumgarten Hi Teresa, The ad looks good. Respectfully, Nancy From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Thursday, May 16, 2019 11:06 AM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>; GundlachNancy<Nancy.Gundlach@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Subject: FW: 2282504 PL20170000768- Baumgarten Please review - PL20170000768 Teresa Cannon BMR Senior Clerk II 40T�Y�.k Office: 239-252-8411 �..` 4'% Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County e' cr 3299 Tamiami Trail E, Suite#401 Naples, FL 34112-5746 www.CollierClerk.com From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Sent:Thursday, May 16, 2019 10:56 AM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: RE: 2282504 PL20170000768- Baumgarten External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good Morning, The notice is scheduled to publish in the Naples Daily News on May 22.The total cost is$440.30 and a proof is attached. An affidavit will be sent after publication. Thank you! 1 9A Teresa L. Cannon From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Thursday, May 16, 2019 2:13 PM To: Teresa L. Cannon Cc: ashton_h; CasanovaAlexandra Subject: FW: 2282504 PL20170000768 - Baumgarten Attachments: Title -Baumgarten 051619.doc Teresa: See corrections to the title attached. Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066 - Fax (239) 252-6600 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. From: Ashton Heidi Sent:Thursday, May 16, 2019 2:12 PM To:CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov> Cc: CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: 2282504 PL20170000768- Baumgarten All, Attached is the revised title in track changes. Kathy, Please also update the title to the Ordinance and Section One of the Ordinance. Thank you! iton-tick. Heidi Ashton-Cicko Managing Assistant County Attorney Office of the Collier County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-8400 From: CasanovaAlexandra Sent:Thursday, May 16, 2019 2:04 PM 1 To:AshtonHeidi<Heidi.Ashton@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov> 9 A Cc: CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov> fi Subject: RE: 2282504 PL20170000768- Baumgarten Heidi, Please see attached Word Title for Baumgarten. Respectfully, 24:1ezaacd/ta C?ada..raoa Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Note:Email Address Has Changed Alexandra.casanova@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. C© e r County Exceeding Expectations From: Ashton Heidi Sent:Thursday, May 16, 2019 1:53 PM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Cc: CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Subject: RE: 2282504 PL20170000768 - Baumgarten The title needs to be changed. Can someone send me the title in word? Thank you! 7fidi ash-ton-t cko Heidi Ashton-Cicko Managing Assistant County Attorney Office of the Collier County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-8400 From: NeetVirginia Sent:Thursday, May 16, 2019 11:34 AM To:AshtonHeidi<Heidi.Ashton@colliercountvfl.gov> Cc: CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; CasanovaAlexandra <Alexa nd ra.Casa nova @co l l ie rco u ntyfl.gov> Subject: FW: 2282504 PL20170000768- Baumgarten Heidi: See attached for your approval. 2 9A TITLE An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004- 41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the project to be known as the Baumgarten MPUD, to allow construction of a maximum of 400 multifamily and/or townhouse residential dwelling units and up to 270,000 340,000 square feet of commercial land uses at the southeast quadrant of Immokalee Road and Collier Boulevard, in Section 26, Township 48, Range 26, Collier County, Florida, consisting of 55.66+/- acres; and by providing an effective date. [PL20170000768] [17-CPS-01708/1438587/1137 Pelican Nursery/PL20170000768 10/4/18 9A Teresa L. Cannon To: GRSC-West-Legals mbx Subject: RE: 2282504 PL20170000768 - Baumgarten Attachments: PL20170000768 (BCC 6-11-19).doc Legals, There were a few corrections for this ad. I have attached a revised revision to make it easier for you swap out. The title that was provided had wrong information. Any questions, please call. Teresa Cannon BMR Senior Clerk II �c`o%coaR Office: 239-252-8411 4s ,, Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County (4e, 3299"�.��: 3299 Tamiami Trail E, Suite#401 R(otN-n.`^. Naples, FL 34112-5746 www.CollierClerk.com From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Sent:Thursday, May 16, 2019 10:56 AM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: RE: 2282504 PL20170000768 - Baumgarten External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good Morning, The notice is scheduled to publish in the Naples Daily News on May 22.The total cost is$440.30 and a proof is attached. An affidavit will be sent after publication. Thank you! Brittany Grady Public Notice Representative Naples Daily News I LOCALiQ PART OF THE USA TODAY NETWORK Office: 239-263-4700, option 3 1 9A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on June 11,2019, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples Fl., the Board of County Commissioners (BCC) 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 established 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 a Rural Agricultural (A) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the project to be known as the Baumgarten MPUD, to allow construction of a maximum of 400 multifamily and/or townhouse residential dwelling units and up to 270,000 square feet of commercial land uses at the southeast quadrant of Immokalee Road and Collier Boulevard, in Section 26, Township 48, Range 26, Collier County, Florida, consisting of 55.66+/- acres; and by providing an effective date. [PL20170000768] A copy of the proposed Ordinance is on file with the Clerk to the Board and is 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 manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 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 materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any 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 Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA WILLIAM L.MCDANIEL,JR.,CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER 9A Teresa L. Cannon From: GRSC-West-Legals mbx <GRSC-West-Legals@gannett.com> Sent: Thursday, May 16, 2019 2:40 PM To: Teresa L. Cannon Subject: RE: 2282504 PL20170000768 - Baumgarten Attachments: BCCZONINGD-6-2282504-1.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. The updated proof is attached and the total cost is$422.45. Thank you! Brittany Grady Public Notice Representative Naples Daily News I LOCALiQ PART OF THE USA TODAY NETWORK Office:239-263-4700, option 3 From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Thursday, May 16, 2019 1:26 PM To: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Subject: RE: 2282504 PL20170000768- Baumgarten Legals, There were a few corrections for this ad. I have attached a revised revision to make it easier for you swap out. The title that was provided had wrong information. Any questions, please call. Teresa Cannon BMR Senior Clerk II �,�r(lk&� Office: 239-252-8411 ` ` Fax: 239-252-8408 AoaX r� Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County f� 3299 Tamiami Trail E, Suite#401 4es0 ,riY Naples, FL 34112-5746 www.CollierClerk.com From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Sent:Thursday, May 16, 2019 10:56 AM 1 > Ad Proof .. 1..4ttpiro Daily 9 A Sales Rep:Kia Thor(UX25) Phone: Email: —‘111111111=11.111 '—‘1111111111111111111111 Date:05/16/19 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:505868(N068779) Please confirm placement prior to deadline by contacting your account Company Name:BCC/ZONING DEPARTMENT rep at . Ad Id:2282504 P.O.No.:4500190197 Total Cost:$422.45 Contact Name: Email:Cheri.LaFara@collierclerk.com Tag Line:NOTICE OF PUBLIC HEARING NOTICE OF I Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date:05/22/19 Stop Date:05/22/19 Phone:(239)252-8351 Fax:(239)774-6179 Number of Timess:1 Class: 16250-Public Notices Publications:ND-Naples Daily News,ND-Intemet-naplesnews.com I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING dwelling units and up to to be considered by the WILLIAM L. MCDANIEL, JR., NOTICE OF INTENT TO 270,000 square feet of Board shall be submitted CHAIRMAN CONSIDER AN ORDINANCE commercial land uses at to the appropriate County Notice is hereby given that the southeast quadrant of staff a minimum of seven CRYSTAL K.KINZEL, a public hearing will be held Immokalee Road and Collier days prior to the public CLERK OF THE CIRCUIT COURT by the Collier County Board Boulevard, in Section 26, hearing. All materials used &COMPTROLLER of County Commissioners on Township 48,Range 26,Collier in presentations before June 11, 2019, in the Board County, Florida, consisting the Board will become a By: Teresa Cannon of County Commissioners of 55.66+/- acres; and by permanent part of the record. Deputy Clerk(SEAL) Meeting Room, Third Floor, providing an effective date. May 22,2019 No.2282504 Collier Government Center, [PL20170000768] Any person who decides to 3299 East Tamiami Trail, appeal any decision of the Naples Fl., the Board of A copy of the proposed Board will need a record of County Commissioners (BCC) Ordinance is on file with the the proceedings pertaining will consider the enactment Clerk to the Board and is thereto and therefore, may of a County Ordinance. The available for inspection. All need to ensure that a verbatim meeting will commence at 9:00 interested parties are invited record of the proceedings is A.M. The title of the proposed to attend and be heard. made, which record includes Ordinance is as follows: the testimony and evidence An Ordinance of the Board NOTE: All persons wishing upon which the appeal is of County Commissioners to speak on any agenda based. of Collier County, Florida item must register with the amending Ordinance County manager prior to If you are a person with a Number 2004-41, as presentation of the agenda disability who needs any amended, the Collier item to be addressed. accommodation in order to County Land Development Individual speakers will be participate in this proceeding, Code, which established limited to 3 minutes on any you are entitled,at no cost to the comprehensive zoning item. The selection of any you,to the provision of certain regulations for the individual to speak on behalf assistance. Please contact unincorporated area of Collier of an organization or group is the Collier County Facilities County, Florida, by amending encouraged. If recognized by Management Division,located the appropriate zoning atlas the Chairman,a spokesperson at 3335 Tamiami Trail East, map or maps by changing the for a group or organization Suite 101, Naples, FL 34112- zoning classification of the may be allotted 10 minutes to 5356, (239) 252-8380, at least herein described real property speak on an item. two days prior to the meeting. from a Rural Agricultural (A) Assisted listening devices Zoning District to a Mixed Use Persons wishing to have for the hearing impaired Planned Unit Development written or graphic materials are available in the Board of (MPUD) Zoning District for included in the Board agenda County Commissioners Office. the project to be known as packets must submit said the Baumgarten MPUD, material a minimum of 3 BOARD OF COUNTY to allow construction of a weeks prior to the respective COMMISSIONERS maximum of 400 multifamily public hearing. In any case, COLLIER COUNTY,FLORIDA and/or townhouse residential written materials intended Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. 9A Teresa L. Cannon To: NeetVirginia; GundlachNancy; CasanovaAlexandra;VelascoJessica Subject: FW: 2282504 PL20170000768 - Baumgarten Attachments: BCCZONINGD-6-2282504-1.pdf Revised proof - PL20170000768 Teresa Cannon BMR Senior Clerk II v.coT COURT Office: 239-252-8411 ��w <f`6 Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 9), �1.c 3299 Tamiami Trail E, Suite#401 -R .N\ Naples, FL 34112-5746 www.CollierClerk.com From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Sent:Thursday, May 16, 2019 2:40 PM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: RE: 2282504 PL20170000768 - Baumgarten External Message: Please use caution when opening attachments, clicking links, or replying to this message. The updated proof is attached and the total cost is$422.45. Thank you! Brittany Grady Public Notice Representative Naples Daily News I LOCALiQ PART OF THE USA TODAY NETWORK Office:239-263-4700, option 3 From:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Thursday, May 16, 2019 1:26 PM To: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Subject: RE: 2282504 PL20170000768- Baumgarten Legals, 1 9A Teresa L. Cannon From: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov> Sent: Thursday, May 16, 2019 3:14 PM To: Teresa L. Cannon; NeetVirginia; CasanovaAlexandra;Velascolessica Subject: RE: 2282504 PL20170000768 - Baumgarten The revisions are good. Thank you, Teresa. Nancy From:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Thursday, May 16, 2019 2:42 PM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>; GundlachNancy<Nancy.Gundlach@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Subject: FW: 2282504 PL20170000768- Baumgarten Revised proof - PL20170000768 Teresa Cannon BMR Senior Clerk II toy tut rrr�r Office: 239-252-8411 .- Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com 5 Office of the Clerk of the Circuit Court &Comptroller of Collier County r � 4*ems' 3299 Tamiami Trail E, Suite#401 '(o ri:` Naples, FL 34112-5746 www.CollierClerk.com From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Sent:Thursday, May 16, 2019 2:40 PM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: RE: 2282504 PL20170000768 - Baumgarten External Message: Please use caution when opening attachments, clicking links, or replying to this message. The updated proof is attached and the total cost is$422.45. Thank you! Brittany Grady Public Notice Representative 1 9q Teresa L. Cannon From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Thursday, May 16, 2019 2:49 PM To: Teresa L. Cannon Cc: ashton h Subject: FW: 2282504 PL20170000768 - Baumgarten Attachments: BCCZONINGD-6-2282504-1.pdf Teresa: See below. Can NDN insert a space between the first paragraph and the title and bold the title??? Don't need to if it delays the ad too much. Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239)252-8066 - Fax(239) 252-6600 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. From:AshtonHeidi Sent:Thursday, May 16, 2019 2:46 PM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Cc: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov> Subject: FW: 2282504 PL20170000768 - Baumgarten Approved. :IZeidic icon-tIcco Heidi Ashton-Cicko Managing Assistant County Attorney Office of the Collier County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-8400 From: NeetVirginia Sent:Thursday, May 16, 2019 2:44 PM To:AshtonHeidi <Heidi.Ashton@colliercountyfl.gov> Cc: CrotteauKathynell <Kathynell.Crotteau@colliercountvfl.gov>; CasanovaAlexandra <Alexandra.Casanova Cc@ colliercountyfl.gov> Subject: FW: 2282504 PL20170000768- Baumgarten 1 9A Teresa L. Cannon To: GRSC-West-Legals mbx Subject: RE: 2282504 PL20170000768 - Baumgarten Legals, There needs to be a space before the title, after the line "The title of the proposed Ordinance is: " After the colon. And bold the title, please, Teresa Cannon BMR Senior Clerk II ``ot cowoct Office: 239-252-8411 4 `b* Fax: 239-252-8408 A Teresa.Cannon@CollierClerk.com } Office of the Clerk of the Circuit Court &Comptroller of Collier County .� 3299 Tamiami Trail E, Suite#401 � ctn.ND(��� Naples, FL 34112-5746 www.CollierClerk.com From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Sent:Thursday, May 16, 2019 2:40 PM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: RE: 2282504 PL20170000768- Baumgarten External Message: Please use caution when opening attachments, clicking links, or replying to this message. The updated proof is attached and the total cost is$422.45. Thank you! Brittany Grady Public Notice Representative Naples Daily News I LOCALiQ PART OF THE USA TODAY NETWORK Office:239-263-4700, option 3 From:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Thursday, May 16, 2019 1:26 PM To: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Subject: RE: 2282504 PL20170000768- Baumgarten 1 9A Teresa L. Cannon From: GRSC-West-Legals mbx <GRSC-West-Legals@gannett.com> Sent: Thursday, May 16, 2019 3:11 PM To: Teresa L. Cannon Subject: RE: 2282504 PL20170000768 - Baumgarten Attachments: BCCZON I NG D-7-2282504-1.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. The updated proof is attached and the total cost is$425.42. Thank you! Brittany Grady Public Notice Representative Naples Daily News I LOCALiQ PART OF THE USA TODAY NETWORK Office: 239-263-4700, option 3 From:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Thursday, May 16, 2019 1:58 PM To: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Subject: RE: 2282504 PL20170000768- Baumgarten Legals, There needs to be a space before the title, after the line "The title of the proposed Ordinance is: " After the colon. And bold the title, please, Teresa Cannon BMR Senior Clerk II ` tiaY cYx:�r Office: 239-252-8411 d.. ., Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail E, Suite#401 Naples, FL 34112-5746 www.CollierClerk.com From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Sent:Thursday, May 16, 2019 2:40 PM 1 > Ad Proof �tBatill 9 A Sales Rep:Kia Thor(UX25) Phone: Email: '-‘11111111111111111111 '—‘11111111111111111111 Date:05/16/19 This is a proof of your ad scheduled to run on the dates indicated below. Please confirm placement prior to deadline by contacting your account Account Number:505868(N068779) Company Name:BCC/ZONING DEPARTMENT rep at . Ad Id:2282504 P.O.No.:4500190197 Total Cost:$425.42 Contact Name: Email:Cheri.LaFara@collierclerk.com Tag Line:NOTICE OF PUBLIC HEARING NOTICE OF I Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date:05/22/19 Stop Date:05/22/19 Phone:(239)252-8351 Fax:(239)774-6179 Number of Timess: 1 Class:16250-Public Notices Publications:ND-Naples Daily News,ND-Intemet-naplesnews.com I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING and/or townhouse residential written materials intended NOTICE OF INTENT TO dwelling units and up to to be considered by the WILLIAM L. MCDANIEL, JR., CONSIDER AN ORDINANCE 270,000 square feet of Board shall be submitted CHAIRMAN Notice is hereby given that commercial land uses at to the appropriate County a public hearing will be held the southeast quadrant of staff a minimum of seven CRYSTAL K.KINZEL, by the Collier County Board Immokalee Road and Collier days prior to the public CLERK OF THE CIRCUIT COURT of County Commissioners on Boulevard, in Section 26, hearing. All materials used &COMPTROLLER June 11, 2019, in the Board Township 48,Range 26,Collier in presentations before of County Commissioners County, Florida, consisting the Board will become a By: Teresa Cannon Meeting Room, Third Floor, of 55.66+/- acres; and by permanent part of the record. Deputy Clerk(SEAL) Collier Government Center, providing an effective date. May 22,2019 No.2282504 3299 East Tamiami Trail, [PL201700007681 Any person who decides to Naples Fl., the Board of appeal any decision of the County Commissioners (BCC) A copy of the proposed Board will need a record of will consider the enactment Ordinance is on file with the the proceedings pertaining of a County Ordinance. The Clerk to the Board and is thereto and therefore, may meeting will commence at 9:00 available for inspection. All need to ensure that a verbatim A.M. The title of the proposed interested parties are invited record of the proceedings is Ordinance is as follows: to attend and be heard. made, which record includes the testimony and evidence An Ordinance of the Board NOTE: All persons wishing upon which the appeal is of County Commissioners to speak on any agenda based. of Collier County, Florida item must register with the amending Ordinance County manager prior to If you are a person with a Number 2004-41, as presentation of the agenda disability who needs any amended, the Collier item to be addressed. accommodation in order to County Land Development Individual speakers will be participate in this proceeding, Code, which established limited to 3 minutes on any you are entitled,at no cost to the comprehensive item. The selection of any you,to the provision of certain zoning regulations for the individual to speak on behalf assistance. Please contact unincorporated area of Collier of an organization or group is the Collier County Facilities County, Florida, by amending encouraged. If recognized by Management Division,located the appropriate zoning atlas the Chairman,a spokesperson at 3335 Tamiami Trail East, map or maps bychanging the for a group or organization Suite 101, Naples, FL 34112- zoning classifcation of the may be allotted 10 minutes to 5356, (239) 252-8380, at least herein described real property speak on an item. two days prior to the meeting. from a Rural Agricultural (A) Assisted listening devices Zoning District to a Mixed Use Persons wishing to have for the hearing impaired Planned Unit Development written or graphic materials are available in the Board of (MPUD) Zoning District for included in the Board agenda County Commissioners Office. the project to be known as packets must submit said the Baumgarten MPUD, material a minimum of 3 BOARD OF COUNTY to allow construction of a weeks prior to the respective COMMISSIONERS maximum of 400 multifamily public hearing. In any case, COLLIER COUNTY,FLORIDA Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. 9A Teresa L. Cannon From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Thursday, May 16, 2019 3:20 PM To: Teresa L. Cannon Cc: ashton_h Subject: FW: 2282504 PL20170000768 - Baumgarten Attachments: BCCZONINGD-7-2282504-1.pdf Much better. Thank you!!! Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239)252-8066- Fax(239) 252-6600 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. From:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Thursday, May 16, 2019 3:15 PM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Subject: FW: 2282504 PL20170000768 - Baumgarten How does this look? I believe the spacing between words is fixed at printing. That's the only thing I noticed. Teresa Cannon BMR Senior Clerk II � tiaT i 0(4,1 Office: 239-252-8411 .� Fax: 239-252-8408 = Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court • &Comptroller of Collier County ciKssti.V`` c' 3299 Tamiami Trail E, Suite#401 Naples, FL 34112-5746 www.CollierClerk.com From: GRSC-West-Legals mbx<GRSC-West-Legals@> annett.com> Sent:Thursday, May 16, 2019 3:11 PM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: RE: 2282504 PL20170000768- Baumgarten 1 9A Teresa L. Cannon To: GRSC-West-Legals mbx Subject: RE: 2282504 PL20170000768 - Baumgarten Legals, Ad #2282504 looks good, OK to run. Thanks Teresa Cannon BMR Senior Clerk II `�C�ylt COURT Office: 239-252-8411 c t.(c2. Fax: 239-252-8408 Y � Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail E, Suite#401 �� Crx. Naples, FL 34112-5746 www.CollierClerk.com From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Sent:Thursday, May 16, 2019 3:11 PM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: RE: 2282504 PL20170000768 - Baumgarten External Message: Please use caution when opening attachments, clicking links, or replying to this message. The updated proof is attached and the total cost is$425.42. Thank you! Brittany Grady Public Notice Representative Naples Daily News I LOCALiQ PART OF THE USA TODAY NETWORK Office: 239-263-4700, option 3 From:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Thursday, May 16, 2019 1:58 PM To: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Subject: RE: 2282504 PL20170000768- Baumgarten Legals, i 9A Number 2004.41, as need to ensure that a verbatim amended, the Collier record of the proceedings is Z County Land Development made, which record includes a Code, which established the testimony and evidence 'o the comprehensive upon which the appeal is r zoning regulations for the based. y unincorporated area of Collier Z County, Florida, by amending If you are a person with a In the appropriate zoning atlas disability who needs any map or maps by changing the accommodation in order to UI zoning classification of the participate in this proceeding, O herein described real property you are entitled,at no cost to O from a Rural Agricultural (A) you,to the provision of certain 3 Zoning District to a Mixed Use assistance. Please contact Planned Unit Development the Collier County Facilities en (MPUD) Zoning District for Management Division,located * the project to be known as at 3335 Tamiami Trail East, m the Baumgarten MPUD, Suite 101, Naples, FL 34112- o to allow construction of a 5356, (239) 252-8380, at least Z maximum of 400 multifamily two days prior to the meeting. rn and/or townhouse residential Assisted listening devices o dwelling units and up to for the hearing impaired y 270,000 square feet of are available in the Board of < commercial land uses at County Commissioners Office. K the southeast quadrant of D Immokalee Road and Collier BOARD OF COUNTY -< Boulevard, in Section 26, COMMISSIONERS N Township 48,Range 26,Collier COLLIER COUNTY,FLORIDA r. County, Florida, consisting N of 55.66+/- acres; and by, WILLIAM L. MCDANIEL, JR., o providing an effective date. CHAIRMAN m [PL20170000768] CRYSTAL K.KINZEL, as A copy of the proposed CLERK OF THE CIRCUIT COURT N Ordinance is on file with the &COMPTROLLER w Clerk to the Board and is C available for inspection. All By: Teresa Cannon interested parties are invited Deputy Clerk(SEAL) to attend and be heard. May 22,2019 No.2282504 NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any NOTICE OF PUBLIC HEARING individual toi speak on behalf NOTICE OF INTENT TO of an organization or group is CONSIDER AN ORDINANCE encouraged. If recognized by ' Notice is hereby given that the Chairman,a spokesperson a public hearing will be held for a group or organization by the Collier County Board may be allotted 10 minutes to of County Commissioners on speak on an item. June 11, 2019, in the Board Persons wishingto have of County Commissioners Meeting Room, Third Floor, written or graphic materials Collier Government Center, included in the Board agenda ' 3299 East Tamiami Trail, packets must submit said v Naples Fl., the Board of material a minimum of 3 County Commissioners (BCC) weeks prior to the respective ;Y r will consider the enactment public hearing. In any case, :_: ' of a County Ordinance. The written materials intended meeting will commence at 9:00 to be considered by the ; A.M. The title of the proposed Board shall be submitted 1 c Ordinance is as follows: to the appropriate County staff a minimum of seven An Ordinance of the Board days prior to the public `Eof County Commissioners hearing. All materials used M of Collier County, Florida in presentations before - Q; amending Ordinance the Board will become a permanent part of the record. 0 Li) Any person who decides to appeal any decision of the Board will need a record of 113 the proceedings pertaining thereto and therefore, may OA a N sly 9A „ .*4ttpiapLrø NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,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 was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# BCC/ZONING DEPARTMENT 2282504 NOTICE OF PUBLIC HEA 4500190197 Pub Dates May 22,2019 • (Sign ture of affiant) Iherir (d:r"___—KAROLEKANGAS I Notary Pudk-State of Florida Sworn to and subscribed before me ^ Commission y GG 1NA41 This May 24, 2019 1 ? '' larded 01omm.reswN�.',yAiu., 0 qcimer (Signature of affiant) NOTICE OF PUBLIC HEARING in presentations before 9 /� NOTICE OF INTENT TO the Board will become a 7 /i CONSIDER AN ORDINANCE permanent part of the record. Notice is hereby given that a public hearing will be held Any person who decides to by the Collier County Board appeal any decision of the of County Commissioners on Board will need a record of June 11, 2019, in the Board the proceedings pertaining of County Commissioners thereto and therefore, may Meeting Room, Third Floor, need to ensure that a verbatim Collier Government Center, record of the proceedings is 3299 East Tamiami Trail, made, which record includes Naples Fl., the Board of the testimony and evidence County Commissioners (BCC) upon which the appeal is will consider the enactment based. of a County Ordinance. The meeting will commence at 9:00 If you are a person with a A.M. The title of the proposed disability who needs any Ordinance is as follows: accommodation in order to participate in this proceeding, An Ordinance of the Board you are entitled,at no cost to of County Commissioners you,to the provision of certain of Collier County, Florida assistance. Please contact amending Ordinance the Collier County Facilities Number 2004-41, as Management Division,located amended, the Collier at 3335 Tamiami Trail East, County Land Development Suite 101, Naples, FL 34112- Code, which established 5356, (239) 252-8380, at least the comprehensive two days prior to the meeting. zoning regulations for the Assisted listening devices unincorporated area of Collier for the hearing impaired County, Florida, by amending are available in the Board of the appropriate zoning atlas County Commissioners Office. map or maps by changing the zoning classification of the BOARD OF COUNTY herein described real property COMMISSIONERS from a Rural Agricultural (A) COLLIER COUNTY,FLORIDA Zoning District to a Mixed Use Planned Unit Development WILLIAM L. MCDANIEL, JR., (MPUD) Zoning District for CHAIRMAN the project to be known as the Baumgarten MPUD, CRYSTAL K.KINZEL, to allow construction of a CLERK OF THE CIRCUIT COURT maximum of 400 multifamily &COMPTROLLER and/or townhouse residential dwelling units and up to By: Teresa Cannon 270,000 square feet of Deputy Clerk(SEAL) commercial land uses at May 22,2019 No.2282504 the southeast quadrant of Immokalee Road and Collier Boulevard, in Section 26, Township 48,Range 26,Collier County, Florida, consisting of 55.66+/- acres; and by providing an effective date. [PL20170000768] A copy of the proposed Ordinance is on file with the Clerk to the Board and is 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 manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or organization may be allotted 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 materials used ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP pp TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 9 A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office ii(NC. 621 1111 4. BCC Office Board of County Q10 b ) 1.-/q Commissioners J}}1� )CQ }-/q 5. Minutes and Records Clerk of Court's Office b`/l' le/ ;30 f ivk PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Nancy Gundlach Phone Number (239)252-2484 Contact/ Department Agenda Date Item was June 11,2019 Agenda Item Number 9.A. Approved by the BCC Type of Document Ordinance Number of Original 1 W Attached O19"t, ' Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N.G. 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed N.G. by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N.G. document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's N.G. signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N.G. should be provided to the County Attorney Office at the time the item is input into SIRE. 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! 8. The document was approved by the BCC on June 11,2019 (date)and all changes N.G. made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the b a BCC,all changes directed by the BCC have been made,and the document is ready for th ( Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revi -a .15;Revised 11/30/12 { 9A MEMORANDUM Date: June 17, 2019 To: Nancy Gundlach, Principal Planning Growth management Planning Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2019-11: Baumgarten MPUD Attached is a copy of the (validated) Ordinance referenced above, (Item #9A) adopted by the Board of County Commissioners on Tuesday, June 11, 2019. If you have any questions, please contact me at 252-8406. Thank you. Attachment 9A Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, June 17, 2019 2:34 PM To: 'countyordinances@dos.myflorida.com' Subject: CLL20190617_Ordinance2019_0011 Attachments: CLL20190617_Ord i na nce2019_0011.pdf COUNTY: CLL (COLLIER) ORDINANCE NUMBER: 2019-0011 SENT 13Y: Collier Couvtty Clerk of the Circuit Court Board Mivtutes & Records Department SENDER'S PHONE: 23g-252-8406 Thank you. Ann Jennejohn Senior Deputy Clerk t,t�Ff kr Office: 239-252-8406 c' Fax: 239-252-8408(if applicable) Ann.Jennejohn@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail,Suite#401 '`k`otn Naples, FL 34112-5324 www.CollierClerk.com 1 9A ORDINANCE NO. 19- 11 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE BAUMGARTEN MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 400 MULTIFAMILY AND/OR TOWNHOUSE RESIDENTIAL DWELLING UNITS AND UP TO 270,000 SQUARE FEET OF COMMERCIAL LAND USES AT THE SOUTHEAST QUADRANT OF IMMOKALEE ROAD AND COLLIER BOULEVARD, IN SECTION 26, TOWNSHIP 48, RANGE 26, COLLIER COUNTY, FLORIDA, CONSISTING OF 55.66 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20170000768] WHEREAS, Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing BCHD Partners II, LLC, 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 26, Township 48, Range 26, Collier County, Florida, is changed from a Rural Agricultural (A) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the 55.66+/- acre project to be known as the Baumgarten MPUD, to allow construction of a maximum of 400 residential dwelling units and up to 270,00 square feet of commercial land uses [17-CPS-01708/1481218/11212 Pelican Nursery/PL20170000768 Page 1 of 2 6/12/19 9A in accordance with the Baumgarten MPUD Document, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. 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 Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this ( I day of _�, LeiL .. , 2019. ATTEST: BOARD OF C• TY COMMISSIONERS CRYSTAL K..KlNZEL, CLERK COLLIER( e) OL�,LI�eER C P ' 4 RIDA 0 AP I By: t,t:.4 .AALO..LO • By: +. e__, ,5, duty Clerk 'illiam L. McDaniel, Jr., Chairman AtteSM�aS t0 Chasl �I* signature only, , Approved as'tb form and legality: t ,L. t d /4— a() , -+' eidi Ashton-`Cicko u Managing Assistant County Attorney Exhibit A: Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: Requested Deviations from LDC Exhibit El: Deviation#1 Cross Section This ordinance f0,-,--I vv'th th_, Exhibit F: Developer Commitments Gisg.tary of S" te's i_ .4 k `day of -A-q---n42--, _ i21 _ and acknowle gement a` that filing received this ��---=- Goy of By pop Clan [17-CPS-01708/1481218/11212 Pelican Nursery/PL20170000768 Page 2 of 2 6/12/19 9A EXHIBIT A BAUMGARTEN MPUD PERMITTED USES A maximum of 400 residential dwelling units and 270,000 square feet of gross commercial floor area shall be permitted within the MPUD. Any commercial square footage above 250,000 square feet must include indoor self-storage. The uses are subject to the trip cap identified in Exhibit F, Section 4.a of this PUD. 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: MIXED-USE: A. Principal Uses (SIC In Parenthesis): 1. Accident and Health Insurance Services (6321) 2. Accounting, Auditing and Bookkeeping Services (8721) 3. Adjustment services (7322) 4. Advertising (consultants) agencies (7311) 5. Advertising, not elsewhere classified (7319) 6. Agricultural uses (interim until first certificate of occupancy for (N/A) any permitted use) 7. Architectural services (8712) 8. Animal Hospitals (0742) 9. Auto and Home Supply Stores (5531) 10. Automotive Washing and Polishing (7542) 11. Bakeries, Retail (5461) 12. Banks, commercial: national (6021) 13. Banks, commercial: not chartered (6029) 14. Banks, commercial: state (6022) 15. Banks, savings: Federal (6035) 16. Banks, savings: not federally chartered (6036) 17. Barber Shops (7241) 18. Beauty Shops (7231) 19. Book Stores (5942) 20. Breweries (limited to a maximum of 5,000 sq. ft.) (2082) 21. Business Associations (8611) 22. Business Consulting Services, not elsewhere classified (8748) 23. Camera and Photographic Supply Stores (5946) 24. Candy, Nut and Confectionery Stores (5441) Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 1 of 19 ID 9A 25. Carpet and Upholstery Cleaning (7217) 26. Civic, Social and Fraternal Associations (8641) 27. Clothing and Accessory Stores, Men's and Boy's (5611) 28. Clothing Stores, Women's (5621) 29. Collection Services (7322) 30. Commodity Contracts Brokers and Dealers (6221) 31. Commercial Art and Graphic Design (7336) 32. Commercial Photography (7335) 33. Commercial Economic, Sociological and Educational Research (8732) 34. Computer and Computer Software Stores (5734) 35. Computer Facilities Management Services (7376) 36. Computer Maintenance and Repair (7378) 37. Computer Processing and Data Preparation Services (7374) 38. Computer Programming services (7371) 39. Computer Rental and Leasing (7377) 40. Credit Reporting Services (7323) 41. Credit Unions, Federal (6061) 42. Credit Unions, State: not federally chartered (6062) 43. Dairy Products Stores (5451) 44. Data Processing Consultants (7379) 45. Dance Studios, Schools and Halls (7911) 46. Data Processing Services (7374) 47. Dental Laboratories (8072) 48. Dentist Office/Clinic (8021) 49. Department Stores (5311) 50. Direct mail advertising service (7331) 51. Direct Selling Establishments (5963) 52. Doctors - Medicine Offices and Clinics (8011) 53. Doctors - Osteopathy Offices and Clinics (8031) 54. Doctors - Chiropractors Offices and Clinics (8041) 55. Dog Grooming (0752) 56. Drapery, Curtain and Upholstery Stores (5714) 57. Drinking Places (Alcoholic Beverages); Bottle Clubs and (5813) Cabarets are not permitted 58. Drug Stores (5912) 59. Dwelling Units - Multi-family and Townhouse, above retail or office uses Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 2 of 19 S 9A 60. Eating Places, no outdoor dining may be located on the (5812) easternmost MU tract adjacent to Bent Creek Preserve PUD. 61. Engineering services: industrial, civil, electrical, mechanical, (8711) marine and design 62. Executive Offices (9111) 63. Executive and Legislative Offices Combined (9131) 64. Fire, Marine and Casualty Insurance Services (6331) 65. Florists (5992) 66. Food Stores, Miscellaneous (5411, 5499) 67. Foreign Branches and Agencies of Banks (6081) 68. Foreign Trade and International Banking Institutions (6082) 69. Funeral home or parlor (7261) 70. Garment Pressing, and Agents for Dry Cleaners (7212) 71. Gasoline Service Stations (5541) 72. General Automotive Repair Shops (7538) 73. General Government, not elsewhere classified (9199) 74. General Merchandise Stores (including warehouse clubs and (5311-5399) discount retail superstores) 75. Gift, Novelty and Souvenir Shops (5947) 76. Hair weaving or Replacement Services (7299) 77. Hardware Store (5251) 78. Health practitioners - not elsewhere classified (8049) 79. Hobby,Toy and Games Shops (5945) 80. Home health care services (8082) 81. Home Furniture and Furnishings Stores (5712-5719) 82. Household Appliance Stores (5722) 83. Hospital and Medical Service Plans (6324) 84. Information Retrieval Services (7375) 85. Insurance Carriers, not elsewhere classified (6399) 86. Investment Advice (6282) 87. Jewelry Stores (5944) 88. Land Subdividers and Developers (6552) 89. Landscape architects, consulting and planning (0781) 90. Laundries (Coin Operated) and Dry-cleaning (7215) 91. Legal services (8111) 92. Libraries (except regional libraries) (8231) 93. Life Insurance (6311) 94. Liquor Stores (5921) 95. Loan brokers (6163) Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 3 of 19 9A 96. Luggage and Leather Goods Stores (5948) 97. Lumber and Other Building Materials Dealers (including home (5211) improvement superstores) 98. Management Services (8741) 99. Management Consulting Services (8742) 100. Markets, Meat and Fish (Seafood) Markets (5421) 101. Markets, Fruit and Vegetable Markets (5431) 102. Medical Equipment Rental and Leasing (7352) 103. Medical Laboratories (8071) 104. Membership Organizations, not elsewhere classified (8699) 105. Membership Warehouse Clubs with Gas and Liquor (No SIC) 106. Miniwarehouse/self-storage (indoor air conditioned only) (4225) 107. Miscellaneous amusement and recreational services not (7999) elsewhere classified. Only judo instruction, karate instruction, moped rental, motorcycle rental, rental of bicycles, scuba and skin diving instruction are permitted 108. Miscellaneous Business Credit Institutions (6159) 109. Miscellaneous Home Furnishings Stores (5719) 110. Miscellaneous personal services, not elsewhere classified (7299) excluding massage parlors, steam baths, tattoo parlors and Turkish baths. Day spas are permitted. 111. Miscellaneous Retail Stores, not elsewhere classified (5999) 112. Mortgage Bankers and Loan Correspondents (6162) 113. Motion Picture Theaters (7832) 114. Musical Instrument Stores (5736) 115. News Dealers and Newsstands (5994) 116. Nondeposit Trust Facilities (6091) 117. Optical Goods Stores (5995) 118. Optometrists - offices and clinics (8042) 119. Paint, Glass and Wallpaper Stores (5231) 120. Pension, Health and Welfare Funds (6371) 121. Personal Credit Institutions (6141) 122. Photocopying and Duplicating Services (7334) 123. Photographic Studios, Portrait (7221) 124. Photofinishing Laboratories (7384) 125. Physical Fitness Facilities (7991) 126. Podiatrists - offices and clinics (8043) 127. Political Organizations (8651) Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 4of19 9A 128. Professional Membership Organizations (8621) 129. Professional Sports Clubs and Promoters, indoor only (7941) 130. Public Relations Services (8743) 131. Radio, Television and Consumer Electronics Stores (5731) 132. Radio, Television and Publishers Advertising Representatives (7313) 133. Real Estate Agents and Managers (6531) 134. Record and Prerecorded Tape Stores; adult video rental or (5735) sales prohibited 135. Religious Organizations (8661) 136. Repair Shops and Related Services, not elsewhere classified (7699) 137. Retail Nurseries, Lawn and Garden Supply Stores (5261) 138. Secretarial and Court Reporting Services (7338) 139. Security Brokers, Dealers and Flotation Companies (6211) 140. Security and Commodity Exchanges (6231) 141. Services Allied with the Exchange of Securities or Commodities, (6289) not elsewhere classified 142. Sewing, Needlework and Piece Goods Stores (5949) 143. Shoe Repair Shops and Shoeshine Parlors (7251) 144. Short-Term Business Credit Institutions, except agricultural (6153) 145. Social Services, Individual and Family (activity centers, elderly (8322) or handicapped only; day care centers for adult and handicapped only) 146. Sporting Goods Stores and Bicycle Shops (5941) 147. Stationery Stores (5943) 148. Stores, Children's and Infants Wear (5641) 149. Stores, Family Clothing (5651) 150. Stores, Miscellaneous Apparel and Accessory (5699) 151. Stores, Shoes (5661) 152. Stores, Women's Accessory and Specialty (5632) 153. Surety Insurance (6351) 154. Surveying Services (8713) 155. Tanning Salons (7299) 156. Tax Return Preparation Services (7291) 157. Tire retreading and repair shops, tire repair only (7534) 158. Title Abstract Offices (6541) 159. Title Insurance (6361) 160. Tobacco Stores and Stands (5993) 161. Travel Agencies (no other transportation services) (4724) Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 5of19 SAO 9A 162. Tutoring (8299) 163. Used Merchandise Stores (excluding pawn shops) (5932) 164. Veterinary services for animal specialties (0742) 165. Video Tape Rental, adult video rental or sales prohibited (7841) 166. Watch, Clock and Jewelry Repair (7631) 167. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. B. Accessory Uses: 1. Uses and structures that are accessory and incidental to the permitted uses within this MPUD document. 2. Water management facilities to serve the project such as lakes. 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. 4. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this MPUD as determined by the BZA or the Hearing Examiner. RESIDENTIAL: A. Principal Uses: 1. Dwelling Units - Multi-family and Townhouse 2. Model homes/ model sales or leasing offices 3. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the principal uses permitted in this MPUD, including but not limited to garages, carports, swimming pools, spas and screen enclosures. 2. Water management facilities to serve the project such as lakes. Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 6 of 19 CA 9A 3. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this MPUD as determined by the BZA or the Hearing Examiner. C. Amenity Area: 1. Principal Uses: a. Clubhouses, community administrative facilities and recreational facilities intended to serve residents and guests, including leasing and construction offices. b. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. 2. Accessory Uses: a. Accessory uses and structures customarily associated with the principal uses permitted in this MPUD, including but not limited to swimming pools and spas. b. Water management facilities to serve the project such as lakes. c. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. d. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this MPUD as determined by the BZA or the Hearing Examiner. Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 7 of 19 0 A EXHIBIT B BAUMGARTEN MPUD DEVELOPMENT STANDARDS The tables below set forth the development standards for land uses within the Baumgarten 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. I. MIXED-USE: PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS (External) From Immokalee Road ROW 25 ft. SPS From Collier Boulevard ROW 25 ft. SPS From Eastern Project Boundary*** 50 ft. 15 ft From Southern Project Boundary 200 ft. Minimum 200 ft. Minimum MINIMUM YARDS (Internal) Internal Drives/ROW 10 ft. 10 ft Rear 10 ft. 10 ft. Side 10 ft. 10 ft. Lakes (measured from control elevation) 25 ft. 20 ft.* Preserve 25 ft. 10 ft. MIN. DISTANCE BETWEEN STRUCTURES 1/2 the sum of building heights 10 Ft. MAXIMUM HEIGHT*** ZONED ACTUAL ZONED ACTUAL Retail Buildings 45 ft. 65 ft. 35 ft. 45 ft. Office Buildings and Hotel/Motel 55 ft. 65 ft. 35 ft. 45 ft. MINIMUM FLOOR AREA (ground floor) 1,000 sq. ft. ** N/A MAXIMUM GROSS COMMERCIAL AREA 270,000 sq. ft. N/A * No structure may be located closer than 20 feet to the control elevation of a lake (allowing for the required minimum 20-foot wide lake maintenance easement). ** Per principal structure. Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC. *** Any building exceeding 50 feet in height shall increase its setback by one foot for each one feet exceeding 50 feet of zoned height from the eastern PUD boundary. No dumpster enclosure permitted within 105 feet of the eastern PUD boundary. Note: Residential dwellings may be constructed above retail or office use. Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 8 of 19 CAU 9A II. RESIDENTIAL: PRINCIPAL STRUCTURE*6 TOWNHOUSE MULTI-FAMILY AMENITY AREA*4 (PER UNIT) Minimum Lot Area 1,440 SF 43,560 SF N/A Minimum Lot Width 18 feet N/A N/A Minimum Lot Depth 80 feet N/A N/A Minimum Front Yard Setback 20 feet *2 20 feet *2 15 feet Minimum Side Yard Setback 0/10 feet *1 0/10 feet *1 15 feet Minimum Rear Yard Setback 15 feet 15 feet 15 feet Minimum Preserve Setback 25 feet 25 feet 25 feet Minimum PUD Boundary Setback 105 feet 105 feet 105 feet *5 Maximum Building Height Zoned 45 feet 55 feet 25 feet Actual 50 feet 65 feet 35 feet Minimum Distance Between Buildings 20 feet 20 feet N/A Floor Area Minimum, per unit 750 SF 684 SF N/A ACCESSORY STRUCTURES *6 Minimum Front Yard Setback *2 15 feet 15 feet 10 feet Minimum Side Yard Setback 10 feet 10 feet 10 feet Minimum Rear Yard Setback *3 10 feet 10 feet 10 feet Minimum Preserve Setback 10 feet 10 feet 10 feet Minimum PUD Boundary Setback 15 feet 15 feet 15 feet*7 Minimum Distance Between Buildings 0/10 feet 0/10 feet N/A Maximum Height Zoned 35 feet 35 feet 25 feet Actual 40 feet 40 feet 30 feet SPS—Same as Principal Structure BH—Building Height(zoned height) *1—Minimum separation between adjacent dwelling units, if detached,shall be 10'. *2—Front yards shall be measured from back of curb (if curbed) or edge of pavement(if not curbed) for private streets or drives,and from ROW line for any public roadway. Single-family front entry garages shall have a 23'setback from back of sidewalk. *3 —All landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not be within a residential lot. Where a home site abuts a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts,the accessory structure setback on the residential lot may be reduced to zero(0)feet where it abuts the easement. *4—When not located in a residential building within the "R"tract. *5—Does not apply to passive recreational uses such as trails/pathways. *6 - Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetscape, passive parks and access control structures shall have no required setback, except as listed below, and are permitted throughout the "R" designated areas of the PUD; however such structures shall be located such that they do not cause vehicular stacking into the road right-of-way or create site distance issues for motorists and pedestrians. *7—No swimming pool or dumpster enclosure may be located within 105 feet of the southern or eastern PUD boundary. Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 9 of 19 9A Maximum Height for Guardhouses/Gatehouses: Zoned: 25' Actual: 30' Note: nothing in this MPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 10 of 19 CA{.) ,r' Mid a,*6LOZ/Z1./9TAT LtA-d3V1- HX3\SoNIMV8o\(99L0000L LOZld)AL3SdfN NV0I13d-ZOndNd\oNINNYld - rOdd\`JNINNV1Q\S31IAIYJ011v20\\ 0p D --§0 .- C �! O^ p m I o 04 .31y14 ' - - x ee W Z u~iwW Qzw ¢ r^wa Z a W a H F-0 V p LLJ Q W Q z IIVM OIIOS H`JIH 8 =O Y � re O I- H I-U Z ED< 0� H1IM L13ddf18 3dVOSQNV-1 m W W w Q m_ a Z m -J m ,8,3dA130IM,5l D C ¢U W w CI- U ��w }U W Imo-aZ W 1 ' f-- IH m ,- '-- -- -- --'--- g Its z : ,. 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I- FE H I Z 1 _ o zZ lY w il avi w 0_ U nA' COLLIER BLVD p W > I I � '' pQ z J 1.11Q W , w U _ J zj ' \I2 - UJ t j I w II 1 U * 0 1 nd 9£'Z 61 OZ/9t/60M9'0IA-dOIY-3H%3\S6NIMV210\{99L000OL I DZId)A83S8Jf1N 6V313d-ZOldNd\ONINNMd - fond\ONINNyId\S31I4\163o1YYP0\\ '� w N W C7 w to 2 cc W z a ' w W Cl- a H W LI- U) < > Z U Q w w 0 w Q H < a Z HO w w � w tY wLU D I- o Z D Z > EL oLJ c W 0 Z U z 0 (X O O Z m_Jo O u) U J c w w o W H (n Z W < Q > LIO Q O o 2 0 0C/) W W o 0 O 0 EYz o ) o 0 2 z 0 < fix- L I W 1- _ng Q_ W <� N LU Z E ----. _ 9 m Cfl � apc- � N � c • C'7 CV r L() a cn 0 O o aU U U ' Ua apoQ U Q 0 Z Z. Z'+iQ +iceo � !+ M 00 Z O N •- v- O 00 r- N- H Q H g N ZZ '' D cK < 0 c .' H IA ❑ 7_ z E H w > - LL Z > _ a. w u, z ww 02, nH o w =z R U Z Q 0 o- < Zz �tim Q o ry aZ � 2 2 W z12 6 w Z2Z 2 2 Z ZQ .-.cc ^7---w X Q H LoDiy �< 01= o UH• HC0'J O Q CC Z U M Mzw w Q > fl>- Q 'DDW � Wct J _,i . . Oa � W - H 0 CD w _ a �CL _' _H f- w 2 HXXLU ° Cl � WH � 1 p 0 QC10 SQOWz a cnD J 2 rY Q cc m w w � cc H W H 0 Q 0Z to F- � �— Z I- 0 W a 0 0 c\i 0 Z C EXHIBIT D BAUMGARTEN MPUD LEGAL DESCRIPTION PARCEL 1 (PARCEL NO. 00192920001): THE NW 1/4 OF THE NW 1/4, SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, LESS THE NORTH 100 FEET PREVIOUSLY CONVEYED FOR ROAD RIGHT-OF-WAY AND LESS RIGHT OF WAY DESCRIBED IN O.R. BOOK 2568, PAGE 1176 AND LESS RIGHT OF WAY DESCRIBED IN O.R. BOOK 3328, PAGE 1487, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2 (PARCEL NO. 00192360001): THE WEST 60% OF THE NE 1/4 OF THE NW 1/4, SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, LESS THE NORTH 100 FEET PREVIOUSLY CONVEYED FOR ROAD RIGHT-OF-WAY AND LESS ROAD RIGHT-OF-WAY DESCRIBED IN O.R. BOOK 3328, PAGE 1487, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE ABOVE DESCRIBED LANDS BEING SUBJECT TO THE TERMS OF THAT BOUNDARY LINE AGREEMENT RECORDED IN OFFICIAL RECORD BOOK 2228, PAGE 1540, COLLIER COUNTY, FLORIDA, AND SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A TRACT OR PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26,THENCE S.89°58'37"E. ALONG THE NORTH LINE OF SAID SECTION 26, A DISTANCE OF 105.55 FEET; THENCE S.00°01'23"W. DEPARTING SAID NORTH LINE, A DISTANCE OF 136.96 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING, THENCE RUN ALONG SAID SOUTH RIGHT-OF-WAY THE FOLLOWING NINE (9) COURSES: 1. N.86°54'32"E., A DISTANCE OF 220.75 FEET, 2. S.89°58'57"E., A DISTANCE OF 585.17 FEET, 3. S.00°01'25"W., A DISTANCE OF 15.00 FEET, 4. 5.89°58'25"E., A DISTANCE OF 301.91 FEET, 5. S.00°01'35"W., A DISTANCE OF 3.94 FEET, 6. S.89°58'2511E., A DISTANCE OF 89.97 FEET, 7. N.00°01'25"E., A DISTANCE OF 15.00 FEET, 8. S.88°54'04"E., A DISTANCE OF 22.92 FEET, 9. S.88°54'04"E., A DISTANCE OF 793.22 FEET; Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 13 of 19 1-AO TO AN INTERSECTION WITH THE WEST BOUNDARY LINE OF THE PLAT OF BENT CREEK PRESERVE, AS RECORDED IN PLAT BOOK 55, PAGE 61, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S.02°16'43"E. DEPARTING SAID SOUTH RIGHT-OF-WAY ALONG SAID WEST BOUNDARY LINE, A DISTANCE OF 1,194.23 FEET TO AN INTERSECTION WITH THE NORTH BOUNDARY LINE OF THE PLAT OF TUSCANY COVE, AS RECORDED IN PLAT BOOK 42, PAGE 15, OF SAID PUBLIC RECORDS; THENCE N.89°59'25"W. ALONG SAID NORTH LINE, A DISTANCE OF 2,013.46 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 100 FOOT WIDE CANAL RIGHT- OF-WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 12, PAGE 348, OF SAID PUBLIC RECORDS; THENCE N.02°15'50"W., ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 1,201.93 FEET TO THE POINT OF BEGINNING. PARCEL NO. 00192920001 CONTAINS 33.82 ACRES, MORE OR LESS. PARCEL NO. 00192360001 CONTAINS 21.84 ACRES, MORE OR LESS. TOTAL PARCEL CONTAINS 55.66 ACRES, MORE OR LESS. Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 14 of 19 9 A EXHIBIT E BAUMGARTEN MPUD DEVIATIONS FROM THE LDC DEVIATION 1: From LDC Section 6.06.01. — "Street System Requirements" and "Appendix B, Typical Street Sections and Right-of-Way Design Standards". The LDC establishes a minimum 60-foot right of way width for local streets.This deviation proposes to instead allow for private roads within the site to be located in a 50-foot wide access easement or Right-of-Way, as shown on the Master Plan and in Exhibit El, Deviation #1 Cross Section. DEVIATION 2: From LDC Section 5.06.04.F.3, "Directory Signs", which requires a Directory Sign to be a maximum of 20 feet in height and a maximum of 200 square feet, to instead allow the Directory Sign located at the Collier Boulevard entrance to the MPUD to be a maximum of 25 feet in height and a maximum of 250 square feet in size. DEVIATION 3: From LDC Sections 5.06.04.F1 and 5.06.04.F.2, "Ground Signs", which allows each outparcel to have a single ground sign along a public street, to instead allow outparcels and individual free standing uses within the MPUD to have one additional ground sign that is oriented to the internal private by-pass driveway (labeled as R.O.W or access easement on the Master Plan) that is provided for in the MPUD. Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 15 of 19 Md 40TZ 610Z/11/f 0/60'96-dJW-JHX3\SONIMVMO\(89L0000L 10Z1d)A13$MON NV0ll3d-Z00dNd\ONINNY1d - 00Nd\ONINNVldS31lj\lV 01'1100\\ "Cr r O CON H \'\\/\ply °g "i Y E- /\/ /\i a /\// /\ <„ w CC z \\/�Y�\/\� % 0 a /\\ /j\/j\//\// �, X otiJ \\ W \/ z LL Z LL \// /\//\//\//\ O I ili.lbilY %\s,\/ \ \\ . (nN \ w No in CZ W / \/\/\ w c o 0 N % X ,a 0 • \ C5 w w Z in Z.:,N \\/jam/ /j a w `A%�\< 0 Y chi j\\/ I z rip Li,z -J' ~W \\\ ..t v c / a�"7 cn W ^ 1 0 \/\\/\ & 3 `_ 8 O w 0.(1)0 1/ /< x-6 a m z as \\j\ cv a II g m g i Lu ;; . m• ? w X w O � \ }a}Z}a> �K� • o'' /N cn pi 6 • : s N T-4 =m } VtI1Ii 0EET, fil2 W \ /`\o W 0 \`/ ~ lej z LL o \// \/A X? v/ \ W 5m `\/ //W IY\\ o j\\/\\,.0 W \ \ A g II.A.. X CC/\/`l`/`yla,/ / W \/\\y//�C/ / cc \//CFCC / 0 /\ /\\/\ �\//\ \j�� 9A EXHIBIT F BAUMGARTEN MPUD DEVELOPMENT COMMITMENTS 1. PUD MONITORING One entity(hereinafter the Managing Entity)shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval,the Managing Entity is BCHD Partners II, LLC, 2600 Golden Gate Parkway, Naples, FL 34105. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval,the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 2. MISCELLANEOUS a. All other applicable state or federal permits must be obtained before commencement of the development. b. Pursuant to Section 125.022(5) F.S., Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. c. Parking lot lighting shall be dark sky compliant (flat panel, full cut off fixtures—BUG rating where U = 0) to avoid light spill onto adjacent properties. Fixtures within 50-ft of residential properties along the PUD boundary shall be set at no higher than a 15- ft mounting height. Otherwise the site light poles shall not exceed a 25-ft mounting height. Light levels along the PUD boundary shall be limited to no more than 0.2-ft- candles along the joint property line where adjacent to residential property (i.e. not applicable to Collier Blvd and Immokalee Rd). However light levels at Baumgarten MPUD Exh A-F-rev13.docx June 12, 2019 Page 17 of 19 • 9A interconnections identified on the Master Plan may be standard lighting for residential development. 3. UTILITIES a. As part of the subdivision plat approval or SDP for the residential portion of the PUD, the owner shall provide a water main stub-out to the southern property line of the PUD, at the interconnect location shown on the PUD Master Plan, in a location determined by the owner and approved by the County. A County Utility Easement will be conveyed by owner to County at no cost to the County for the water main stub- out and shall be shown on the recorded plat or recorded by separate instrument prior to preliminary acceptance of utilities. The stub-out shall be sized to supply fire flow to the PUD under maximum day conditions, as required by Collier County Design Criteria in the Collier County Water-Sewer District Utilities Standards Manual, as adopted by Ordinance 2004-31, as amended, and as further amended by Resolution No. 2014-258, or its successor resolution. This stub-out will not be required if the residential tract is master metered. b. As part of the subdivision plat approval or SDP for the residential portion of the PUD, the owner shall provide a water main stub-out to the eastern property line of the PUD, at the location of the terminus of Glenforest Drive within the Bent Creek Preserve RPUD. A County Utility Easement will be conveyed by owner to County at no cost to the County for the water main stub-out and shall be shown on the recorded plat or recorded by separate instrument prior to preliminary acceptance of utilities. The stub-out shall be sized to supply fire flow to the PUD under maximum day conditions, as required by Collier County Design Criteria in the Collier County Water-Sewer District Utilities Standards Manual, as adopted by Ordinance 2004-31, as amended, and as further amended by Resolution No. 2014-258, or its successor resolution. This stub- out will not be required if the residential tract is master metered. 4. TRANSPORTATION a. The maximum net external trip generation for the PUD shall not exceed 1,159 two- way PM peak hour trips as a mixed-use commercial/residential project (internal capture and pass by trips deducted).The trips will be based on the applicable land use codes in the Institute of Transportation Engineers (ITE) Trip Generation Manual in effect at the time of application for Site Development Plan (SDP), or Plat and Construction Plan (PPL) approval. b. As a part of the first application for Site Development Plan or Plat for construction of the development an operational Transportation Impact Statement will be provided that includes the entire development (highest and best use) for review and approval by Collier County Transportation staff which will be updated/revised with each subsequent SDP or Plat application until the build-out condition is achieved. Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 18 of 19 9A 5. SPECIAL CONDITIONS a. No adult orientated sales are permitted. b. For commercial uses, outdoor music and televisions shall be limited to the areas that are a minimum of 500 feet from the southern and eastern PUD boundaries. There will be no outdoor amplified sound between the hours of 10 p.m. and 8 a.m. weekdays and 12 a.m. and 8 a.m. on weekends. There will be no outdoor dining on the MU Tract adjacent to Bent Creek Preserve PUD. c. Dumpsters shall be oriented as far away from residential units as possible. d. Delivery bays shall not abut external residential development. e. Service bays related to automobile service and repair shall be located so that they do not face any external residential district within 1500 feet. f. All pole lighting located in Amenity Areas shall be limited to flat full cutoff shields. g. Residential Amenity Area — no amplified sound after 10:00 p.m. and no lighted recreational facilities, other than low illumination ground mounted light, after 10:00 p.m. h. Pedestrian and vehicular interconnection to Tuscany Cove shall be gated and six foot high, chain link fencing shall be extended 100 lineal feet on each side of the gated access prior to the first Certificate of Occupancy for the residential dwelling units adjacent to the southern PUD boundary. i. 100 lineal feet of six foot high, chain link fencing shall be installed near the southwest portion of the site as shown on the Master Plan prior to the first Certificate of Occupancy for the residential dwelling units adjacent to the southern PUD boundary. j. As part of the initial project site work, the developer shall install the berm and perimeter landscape buffers along the southern and eastern PUD boundaries. The southern perimeter landscape buffer shall include a 6-foot high fence with opaque slats.Within the southern landscape buffer,the developer shall provide supplemental landscape plantings meeting the type C landscape buffer canopy tree requirement where the Tuscany Cove landscape buffer has missing canopy trees. This supplement planting shall occur within the Baumgarten PUD's 15-foot wide landscape buffer. Baumgarten MPUD Exh A-F-rev13.docx June 12, 2019 Page 19 of 19 /A" *, 6. ilk,i."4 ,_,°1 I f 00 Wf s FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State June 17, 2019 Ms. Ann Jennejohn, Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail, Suite#401 Naples, Florida 34112-5324 Dear Ms. Jennejohn: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 19-11, which was filed in this office on June 17, 2019. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us 9A EXHIBIT B BAUMGARTEN MPUD DEVELOPMENT STANDARDS The tables below set forth the development standards for land uses within the Baumgarten 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. I. MIXED-USE: PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS (External) From Immokalee Road ROW 25 ft. SPS From Collier Boulevard ROW 25 ft. SPS From Eastern Project Boundary*** 50 ft. 15 ft From Southern Project Boundary 200 ft. Minimum 200 ft. Minimum MINIMUM YARDS (Internal) Internal Drives/ROW 10 ft. 10 ft Rear 10 ft. 10 ft. Side 10 ft. 10 ft. Lakes (measured from control elevation) 25 ft. 20 ft.* Preserve 25 ft. 10 ft. MIN. DISTANCE BETWEEN STRUCTURES 1/2 the sum of building heights 10 Ft. MAXIMUM HEIGHT*** ZONED ACTUAL ZONED ACTUAL Retail Buildings 45 ft. 65 ft. 35 ft. 45 ft. Office Buildings and Hotel/Motel 55 ft. 65 ft. 35 ft. 45 ft. MINIMUM FLOOR AREA (ground floor) 1,000 sq. ft. ** N/A MAXIMUM GROSS COMMERCIAL AREA 3270,000 sq. ft. N/A HOTEL/ MOTEL 110 rooms maximum in PUD * No structure may be located closer than 20 feet to the control elevation of a lake (allowing for the required minimum 20-foot wide lake maintenance easement). ** Per principal structure. Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC. *** Any building exceeding 50 feet in height shall increase its setback by one foot for each one feet exceeding 50 feet of zoned height from the eastern PUD boundary. No dumpster enclosure permitted within 105 feet of the eastern PUD boundary. Note: Residential dwellings may be constructed above retail or office use. 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