Loading...
Ordinance 2019-11 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-01708/1481218/1]212 Pelican Nursery/PL20170000768 Page 1 of 2 6/12/19 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 k day of __I , 2019. ATTEST: BOARD OF C• TY COMMISSIONERS CRYSTAL K.KINZEL, CLERK COLLIER C.4 'RIDA 011114410 By: . Lao_e, . By: �'' ��, .ii Duty Clerk "illiam L. McDaniel, Jr., Chairman Attest as to Lha] 1 signature only. Approved as tb form and legality: H _tdi 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 iiia ttith th=- Exhibit F: Developer Commitments C day ory ofof r,` and acknowledgement that filing received this t�__. day By Deo CVer [17-CPS-01708/1481218/1]212 Pelican Nursery/PL20170000768 Page 2 of 2 6/12/19 C 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 s, 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 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 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 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 5 of 19 CAO 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 CAO 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 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 tr'AO 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 C4.() 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-rev13.docx June 12, 2019 Page 10 of 19 .l+ Z 9`JM+' A-. W-DINAM._ ''LO.++_ +1. A. ,f1N Il --20f1dN• NINNYl• - .iId NIA 91. S l Ol'W„+ • = t z� O a 6.--) ii.N >N > ~ Qp •I a .1i g�, w w J o9-.• J F,2 w N W -0 6 v C N } W Q o m a D W Y a d —Z—� tie W S m >-• W Z Pui;" Qzti Ja z a0 azr z00 sou- 03 11VM01'IOSHOIH.9 =O Y - ..O� FwZ EnzoU) HlIM 2l3ddfn8 3c /OSCINVI m W W w a co a Z m g a-'3 8.3dJL OIMSI � W Qv= wa E U ��w CL° Zwow W Ozw '• '— i mop ¢Q Fi - — — —— — ,1 1 w W t1ti OJ f W • .i N \2 Wmw 7H aw: •ki l 1 u F� O� CD pyW .� „ % '`1 ' 1 nu-ii; �Z UZ\ oZLL 2 .. /� 1 =ZW zW �aN Ngm % - ) 7 i �� � m��o `ii k i .w , Wino �:I `• �1 a w CS a w , "N-41‘1 ' it ,' :.' ,'" ,:' .: , '., z • S\ _ F 0 1 "�I. O Q M " .X 1 t ' n i w I \ I ; 1 1 LI Ii \. ..iili 1 a‘ik LI w} /��// 1 z z ��� LL ops 1 ~�� . = W Is G � fat 1 awF _Q� J FT roa2 U _ aQ ujJ oC� `; ,I _ W _ i mW L' -T" > RiZ J' _ O 1 z „1 CC m c = I I ' k m W=z co \;,I 1 U • \i�Y 1 cA a. :::',1 :1:1::'''''1,0 :''' 2 '11 • z A ) - ii i i:, ,,,,,y: H R\Hu No ' L.-i 0 , ro 4 ,) ", =: J m Hifi 0 A , I 1 m iv m m i , I 1 a =3�x b I ii 1+! ii fiut.1 11 I NH I \ I 1 wU�ww3'c' 15 E_ f, # h o_rnwLL�a� V" m � t 1 iRZLLLlaW� 12 ,2.j :1-. ' ii 1 jl � ,/ �� � i ♦� . I til ,, v! I l `� ��i ) 1 J CC MI I— ii i =� ._ ..... ._......---4C o p W Z W '" ' COLLIER BLVD(� P j v a 'tilij a _ .._ LU J�� _i W ,...,Lu--' I x U� Zw z oa J zwvJQQ 2 III I J= g Ask U Wd 9£,Z 6LQZ/9L/S QMO'OIA_d311-0HX3\SONIMtldO\(99400004 l aid)Ad3Self1N MJ3113d-Z0f1dNd\ONINNVId - fQ21d\ONINNd1dNS311Ab6301.1100\\ N 0 LU o W z IJ_ o;y N CO p • 0 4A.�;-y-lip, m X W m O 7,Q IV. N 2 r1 x Z LU LU WI W a a H Q U Z U) Q U z W W W < 0 • HU) Z 0• W d W W L W cC o 0 H N °_' I I 0 LU � o > °� Z D Z F- "z - W• Li! O < ma Z U Ww W W 71 u) U) Z W < � 0 0 - a >_ C 0 E O U) w U Z rI O 0 z 0 T W O Z 0 Q 0O < x e,4 _ �rz :Ek LN _ W =4 3. 81 E W = E 9m z t C13 _, W - 00 D co (n v- 0 N O 5 MN � .� U- �U U � i ,� Q Q Q Q 0 < a z rt • o +I in 00 Z OU) N � r000rr I . W� QZ s. 41 ; CSQJ Y CC 0 < W > . r7 z Z > J LL. W W c 2.6:icn 2 W U) Z > W Q .c 0 0 < Z W Z W oO O H O Z U W W d- N W Z O Q 0 rZ < D D 0 U) I-‹ +1 U) Z2z 0 Qw � ,Ir< WZ— o o 0 � IH0 "' 2O JwQQ 2 2 oMM _ w0 > Q W W a Q Q U a s Z 2 U W w W z W W < 1.1.1W > 4' r �' 1- I- w < < D D Z r W w J JQ W 0 0 Q a Q 0 0 0 Z W 0 W Q 0 » z 2 i- XWULU SU. H 5 < 00 = 00I0 • _ X -- W < QOon w W U) wa_ U) 1— cc1- z J Q m 0 2 Z W H H (75 2 W 0 0- 0 N U) I- CC 0 0 (:/-----'"'. 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 5.00°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. 5.89°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. S.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. 5.88°54'04"E., A DISTANCE OF 793.22 FEET; Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 13 of 19 C:A(' 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 5.02°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 CAO 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 CA 0 Nd bO:Z 6402/4l/f OMO'9A-d3YI-OHX3\SONIMV8O\{99L0O00(4 Odd)A835NON NV0I13d-ZOOdNd\ONINNV1d - I'Odd\ONINNd1Q\531IA1v O3'YI0O\\ 1 o o M %/%v/%/ A w a \\ \\\\\ \\ \ W W f \/u% W 0 le LI Ce $ <CI- 5 \ k , ig o LL \ / / /%/%/ o \/\/\/ 2 w w, \jam\j\\jam\j� cn U In . / /j / wo_ o \/� i w z o ED 0 /\/\/\/ 0 > 1� I \//\//\//\ a W 1 �/\ �/. w N a /W\//\\// o E� •;1/a%% ztij .3 \ L,j\\ 1 -1// / H •'% \j IVa f R 0 w .�// /<, 14 'moo as M W CL 0 CCC /• �/, E I- ' H o4u�aI / 1} , Z. / U • a, _ //\//< c .rmm, /\/\ x C5 11 4 la - ' %u, A. \ v 1 wpw \/ /\0 \\ 0 o m \\/ /� a%\\ P w \\\�/\a %N z 5 j�///jam//\ \//\//\\/\ 1 \ i &&/ 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-revl3.docx June 12, 2019 Page 17 of 19 CAO 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 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-revl3.docx June 12, 2019 Page 19 of 19 0 ifil;' - _ * '''` ' I c 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