Ordinance 2023-29 ORDINANCE NO. 2023- 29
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE
NUMBER 2021-20, THE BCHD 1 COMMERCIAL PLANNED UNIT
DEVELOPMENT, BY ADDING ACREAGE AND USES; BY
AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, BY AMENDING
THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL
2.69± ACRES OF LAND ZONED ESTATES (E) TO THE BCHD 1
COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD); BY
ADDING 130,000 SQUARE FEET OF GROSS FLOOR AREA OF
INDOOR SELF-STORAGE; BY REDUCING COMMERCIAL USES
FROM 200,000 SQUARE FEET TO 100,000 SQUARE FEET OF GROSS
FLOOR AREA; BY AMENDING THE MASTER PLAN; BY
AMENDING THE LEGAL DESCRIPTION; BY ADDING A
DEVIATION TO OFF-STREET PARKING DESIGN; BY UPDATING
DEVELOPMENT COMMITMENTS; AND BY PROVIDING AN
EFFECTIVE DATE. THE PROPERTY IS LOCATED
APPROXIMATELY ONE-HALF MILE NORTH OF RANDALL
BOULEVARD ON THE WEST SIDE OF IMMOKALEE ROAD, IN
SECTION 22, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA WITH THE ENTIRE PUD CONSISTING OF
21.82±ACRES. [PL20220003428]
WHEREAS, BCHD PARTNERS I, LLC, represented by Chris Scott of Peninsula
Engineering, Inc., and Noel Davies, Esq. of Davies & Duke, PLLC petitioned the Board of
County Commissioners to amend the CPUD and change the zoning classification of the
additional herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Zoning Classification.
The zoning classification of approximately 2.69± acres of the herein described real
property located in Section 22, Township 48 South, Range 27 East, Collier County, Florida is
changed from a Rural Agricultural (A) zoning district to a Commercial Planned Unit
Development (CPUD) zoning district together with the existing BCHD 1 CPUD for a 21.82±
acre project to be known as BCHD 1 CPUD, in accordance with the revised Exhibits A-F,
attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps,
[22-CP8-02278/1798086/1 1 160
BCHD 1/PL20220003428 1 of 2
6/14/23
as described in Ordinance Number 04-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly.
SECTION TWO: Effective Date.
This Ordinance shall become effective upon filing with the Department of State and on
the date that the Growth Management Plan Amendment in Ordinance No. 2023-30 becomes
effective.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this 34' day of J l.i C'_ , 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: By:
A41)6
ttest WittkaWail% Rick LoCastro, Chairman
signature only
This ordinance fired with the
Secretary of State' Offia ti e
Approved as to form and legality: �`� day of .ihi411 . �•
and nckncwledgemenA of that
i
�� fitir, rP.Cf!I ed Tr1is tIl
of � �r
Heidi Ashton-Cicko By Deou+v ct�
Managing Assistant County Attorney
Attachments: Exhibit A - Permitted Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - Deviations
Exhibit F - Developer Commitments
[22-CPS-02278/1798086/1]160
BCHD 1/PL20220003428 2 of 2
6/14/23
EXHIBIT A
BCHD I CPUD
PERMITTED USES
A maximum of 200,000 100,000 square feet of gross commercial floor area and 130,000 square feet of
indoor self-storage floor area shall be permitted within the CPUD. The uses are subject to the trip cap
identified in Exhibit F, Section 3.a of this PUD.
COMMERCIAL:
A. Principal Uses:
1. All permitted and conditional uses in the C-1 through C-3 Zoning Districts of the Collier
County Land Development Code (LDC), Ordinance 04-41, as amended), except those uses
identified as prohibited in item C. below.
2. Carwashes (7542)
3. Medical and dental laboratories (8071 and 8072)
4. Motor freight transportation and warehousing (4225, indoor air-conditioned mini- and self-
storage warehousing only)
5. Nursing and professional care facilities (8051, 8052, 8059)
6. 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 CPUD
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 CPUD as determined
by the BZA or the Hearing Examiner.
C. Prohibited Uses and Structures:
1. Any use that would be subject to regulation under Ordinance No.91-83 and any amendment
or successor ordinances thereto regulating sexually oriented businesses.
2. 7361— Employment Agencies, only labor contractors
Words underlined are additions; words stpuele-threttglt are deletions
BCHD 1 PUDA, PL20220003428 Last Revised 6/14/2023 Page 1 of 10
3. 7363— Help Supply Services, only: Labor pools; Manpower pools
4. Homeless shelter, as defined by the LDC.
5. Soup kitchens, as defined by the LDC.
6. 8063— Psychiatric Hospitals. For the avoidance of any doubt, psychiatric hospitals, including
drug/alcohol rehabilitation facilities shall be prohibited.
7. 8069—Specialty Hospitals,Except Psychiatric,only:alcoholism rehabilitation hospitals;drug
addiction rehabilitation hospitals; rehabilitation hospitals drug addiction and alcoholism;
tuberculosis and other respiratory illness hospitals.
8. 8322 — Individual and Family Social Services, only: alcoholism counseling, nonresidential;
crisis center; crisis intervention centers; hotlines; offender rehabilitation agencies; offender
self- help agencies; outreach programs; parole offices; probation offices; public welfare
centers; referral services for personal and social problems; refugee services; self-help
organizations for alcoholic and gamblers; settlement houses.
PRESERVE:
A. Allowable Uses:
1. Nature trails and boardwalks that do not reduce the amount of required preserve area to be
retained.
2. Mitigation for environmental permitting, as per LDC requirements.
3. Passive Recreation areas, as per LDC requirements.
4. Water management and water management structures, as per LDC requirements.
Words underlined are additions; words are deletions
BCHD 1 PUDA, PL20220003428 Last Revised 6/14/2023 Page 2 of 10
EXHIBIT B
BCHD I CPUD
DEVELOPMENT STANDARDS
The tables below set forth the development standards for land uses within the BCHD I CPUD. Standards
not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the
date of approval of the SDP or subdivision plat.
PRINCIPAL USES ACCESSORY USES
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 Northern Project Boundary 30 ft. SPS
From Wester Project Boundary* 50 ft. 25 ft.
From Southern Project Boundary 25 ft.**** 25 ft.****
MINIMUM YARDS (Internal)
Internal Drives/ROW 10 ft. 10 ft.
Rear 10 ft. 10 ft.
Side 10 ft. 10 ft.
Lakes (measured from control 25 ft.** 20 ft.**
elevation)
Preserve 25 ft. 10 ft.
MIN. DISTANCE BETWEEN STRUCTURES %z the sum of building heights 10 Ft.
MAXIMUM HEIGHT*** ZONED ACTUAL ZONED ACTUAL
45 ft. 55 ft. 35 ft. 45 ft.
MINIMUM FLOOR AREA(ground floor) 1,000 sq. ft.***
MAXIMUM GROSS COMMERCIAL AREA 200,000 100,000 sq. ft. and 130,000 sq. ft. indoor self
storage
* Setback from 4th Street N. E. shall be 200 feet for any principal use and 200 feet for any accessory
use.
** 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.
**** May be reduced to zero feet if developed as a unified plan with the adjacent property to the
south.
Words underlined are additions; words are deletions
BCHD 1 PUDA, PL20220003428 Last Revised 6/14/2023 Page 3 of 10
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EXHIBIT D
BCHD I CPUD
LEGAL DESCRIPTION
PARCEL 1: THE NORTH 180 FEET OF TRACT NO. 116, GOLDEN GATE ESTATES, UNIT NO. 22, ACCORDING
Tn TLC DI nT TI-ICREOF RECORDED IN DI nT BOOK 7 DAGES 83 O/I nC THE DI BLIC RECORDS OF COLLIER
�—cccvi vcv i i nc ,
COUNTY, FLORIDA.
PARCEL 2: TRACT 118, GOLDEN GATE ESTATES, UNI NO. 22, CCORDING Tn TUG DI nT THEREOF
RECORDED IN PLAT BOOK 7, PAGE 83 a^ nC TLC DI IRI Ir RECORDS nC CO I IER CO NTV CI ORID I Ccc
Fc--o-vcrc�ocvicvo v cv ccic ,
BOOK 3111, PAGE 500, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: A POR-TION 9F TQnrT 114 GO DEN G TC ESTATES I NIT NO• 22 nCCORDI G
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 84, OF THE PUBLIC RECORDS OF COLLIER
NORTHEASTERLY CORNER OF SAID TRACT 118; THENCE SOUTH 01° 30' 15" EAST, FOR A DISTANCE OF
172.46 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS
SOUTH 88°32'50" WEST, ^ DIST NCE n 7 Q1A•
93 CCT TI EREFROM; THENCE DI Inl SO ITHERI V nI o
OF 03°12'32", SUBTENDED BY A CHORD OF 157.83 FEET AT A BEARING OF SOUTH 00°09'06" WEST, FOR
nnl RC I EN TH n_C 157 65 FEET Tn TUG ruin OF SAID rl IQVC AND TUG SOUTHEASTERLY CORNER OF SAID
TRACT 118; THENCE NORTH 89°40'50" WEST, ALONGTH€ SOUTHERLY BOUNDARY OF SAID TRACT 114
POINT BEARS NORTH 87°51'02" WEST, A DISTANCE OF 2,769.79 FEET THEREFROM; THENCE RUN
, • ,
THROUGH A CENTRAL ANGLE OF 03° 38' 39", SUBTENDED BY A CHORD OF 176.14 FEET AT A BEARING OF
NORTH 00°19'38" EAST, FOR AN ARC LENGT" nF 17� 1 7 FEET T THENCE
NORTH 01°30' 15" TI ENCE SO ITH 89°An' Cn CAST_nl ONG TI IC
—rrTr�cZ�vvri i o v —rrcT,
NORTHERLY BOUNDARY OF SAID TRACT 118, FOR A DISTANCE OF 49.00 FEET, TO THE POINT OF
PARCEL 3: ALL OF TRACT 119, GOLDEN G^TE EST TES I NIT NO• 22 ACCORDING Tn TUC DI nT THERE
RECORDED IN PLAT BOOK 7, PAGE o' on OF THE DI IRI Ir RECORDS n CO I IER CO NTV CI ORID I Ccc
T C EASTER no nn EET Tn EN nD ROAD RIGHT nC\A/nV DI IDCI I NT Tn ORDER nC RECORDED
IN n Q BOO 3111 PAGE Cnn nC TUC DI IRI Ir RECO
•
RECORDED IN PLAT BOOK 7, P GE 83 nnln Qn n TUC DI IRI Ir RECORDS nC CO I IER CO NTv CI ORID
LESS THE EASTERLY 49.00 FEE
BOOK 3431, PAGE 993.
19.13 ACRES MORE OR I Ccc /nc MEAS RED)
ALL THAT PART OF TRACT 116, TRACT 118, TRACT 119, TRACT 120, AND TRACT 121, GOLDEN GATE
ESTATES UNIT NO. 22, A SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
7, PAGES 83 AND 84, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
Words underlined are additions; words k-tlhr-ough are deletions
BCHD 1 PUDA, PL20220003428 Last Revised 6/14/2023 Page 4 of 10
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 118;
THENCE ALONG THE WEST LINE OF SAID TRACT 118 AND TRACT 119, NORTH 00°29'58"WEST 479.95 FEET;
THENCE LEAVING SAID LINE, SOUTH 89°30'56" WEST 645.95 FEET;
THENCE NORTH 00°29'15" WEST 180.11 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT 116;
THENCE ALONG SAID NORTH LINE, NORTH 89°30'56" EAST 645.92 FEET TO THE SOUTHWEST CORNER OF
AFOREMENTIONED TRACT 120;
THENCE ALONG THE WEST LINE OF SAID TRACT 120 AND TRACT 121, NORTH 00°29'58" WEST 495.16 FEET
TO THE NORTHWEST CORNER OF THE SOUTH % OF TRACT 121;
THENCE ALONG THE NORTH LINE OF THE SOUTH 1/2 OF TRACT 121, NORTH 89°30'56" EAST 704.18 FEET
TO A POINT ON THE WEST LINE OF "PARCEL 183"AS DESCRIBED IN THAT ORDER OF TAKING AS RECORDED
IN OFFICIAL RECORDS BOOK 3431, PAGE 495, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE WEST LINE OF SAID "PARCEL 183", SOUTH 02°17'42" EAST 165.14 FEET TO THE
NORTHWEST CORNER OF "PARCEL 183" AS DESCRIBED IN THAT ORDER OF TAKING AS RECORDED IN
OFFICIAL RECORDS BOOK 3431, PAGE 993, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE WEST LINE OF SAID "PARCEL 183", SOUTH 02°17'42" EAST 330.28 FEET TO THE
NORTHWEST CORNER OF "PARCEL 181" AS DESCRIBED IN THAT ORDER OF TAKING AS RECORDED IN
OFFICIAL RECORDS BOOK 3111, PAGE 500, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE WEST LINE OF "PARCEL 181" AND"PARCEL 180" OF ORDER OF TAKING AS RECORDED
IN OFFICIAL RECORDS BOOK 3111, PAGE 500, SOUTH 02°17'42" EAST 503.85 FEET;
THENCE CONTINUE ALONG THE WEST LINE OF SAID ORDER OF TAKING AS RECORDED IN OFFICIAL
RECORDS BOOK 3111, PAGE 500, 156.29 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE
CONCAVE WEST HAVING A RADIUS OF 2,769.79 FEET THROUGH A CENTRAL ANGLE OF 03°13'58" AND
BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 00°40'27" EAST 156.26 FEET TO THE SOUTHWEST
CORNER OF SAID "PARCEL 180";
THENCE ALONG THE SOUTH LINE OF AFOREMENTIONED TRACT 118, SOUTH 89°30'02" WEST 735.97 FEET
TO THE POINT OF BEGINNING.
CONTAINING 21.82 ACRES, MORE OR LESS.
Words underlined are additions; words '•ugh are deletions
BCHD 1 PUDA, PL20220003428 Last Revised 6/14/2023 Page 5 of 10
EXHIBIT E
BCHD I CPUD
DEVIATIONS FROM THE LDC
DEVIATION 1: Relief from LDC Section 5.06.04.F.3.,"Directory Signs",which permits Multiple-occupancy
parcels or multiple parcels developed under a unified development plan,with a minimum
of 8 independent units, and containing 20,000 square feet or more of leasable floor area
shall be permitted 1 directory sign a maximum of-1-0 20 feet in height and a maximum of
199 200 square feet at one entrance on each public street, to instead allow a single
directory sign where fewer than 8 independent units are developed under a unified plan.
DEVIATION 2: Relief 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.
DEVIATION 3: Relief from LDC Section 4.06.02.C.4. — "Buffer Requirements —Types of buffers", which
requires a landscape buffer shall be required adjacent to any road right-of-way external
to the development project and adjacent to any primary access roads internal to a
commercial development. Said landscape buffer shall be consistent with the provisions
of the Collier County Streetscape Master Plan, which is incorporated by reference herein.
The minimum width of the perimeter landscape buffer shall vary according to the ultimate
width of the abutting right-of-way. Where the ultimate width of the right-of-way is zero
to 99 feet, the corresponding landscape buffer shall measure at least ten feet in width.
Where the ultimate width of the right-of-way is 100 or more feet, the corresponding
landscape buffer shall measure at least 15 feet in width. Developments of 15 acres or
more and developments within an activity center shall provide a perimeter landscape
Buffer of at least 20 feet in width regardless of the width of the right-of-way. Activity
center right-of-way buffer width requirements shall not be applicable to roadways
internal to the development to instead allow installation of a 15 foot wide type 'B' buffer
adjacent to the internal lake as shown on the conceptual PUD Master Plan.
This deviation shall only apply applies to if—the westernmost 361 feet of the westerly
portion of the PUD (a.k.a. north 180 feet of Tract 116, Golden Gate Estates Unit 22
subdivision), which is the single western parcel immediately abutting 4th ST. NE,is which
was acquired on or before August 31, 2021, by the adjacent single-family homeowner to
the north (a.k.a. the south half of Tract 115, Golden Gate Estates Unit 22 subdivision).
DEVIATION 4: Relief from LDC Section 5.05.08.F.2.b.ii.b) which requires projects on corner lots to
provide no more than 80 percent of the off-street parking for the entire commercial
building or project to be located between any primary facade and the abutting street,
with no single side to contain more than 65 percent of the required parking to instead
allow a commercial project to provide 100 percent of the required parking between the
Words underlined are additions; words sirttele-threugh are deletions
BCHD 1 PUDA, PL20220003428 Last Revised 6/14/2023 Page 6 of 10
primary facade and abutting street when in support of a shopping center adjacent to
Immokalee Road.
Words underlined are additions; words struele-through are deletions
BCHD 1 PUDA, PL20220003428 Last Revised 6/I4/2023 Page 7 of 10
EXHIBIT F
BCHD I CPUD
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 I Partners,
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— backlight,
uplight and glare (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 Immokalee Rd).
d. All buildings shall be of similar architectural design and have similar design elements.
3. TRANSPORTATION
a. The total daily trip generation for the PUD shall not, exceed 68-1 475 two-way PM peak
hour net trips based on the use codes in the ITE Manual on trip generation rates in effect
at the time of application for SDP/SDPA or subdivision plat approval.
Words underlined are additions; words are deletions
BCHD 1 PUDA, PL20220003428 Last Revised 6/14/2023 Page 8 of 10
b. Vehicular and Pedestrian interconnection will be provided to the south to allow access to
all connection points with Immokalee Road, consistent with the conceptual PUD Master
Plan, Exhibit C.The final location of the access point will be coordinated with the adjacent
property owner and a cross- access easement will be provided at time of the first Site
Development Plan or Plat. The connection and supporting infrastructure will be
constructed to the property line by the developer or successors or assigns prior to the
first Certificate of Occupancy.
c. Vehicular interconnection will be provided to the north consistent with the conceptual
PUD Master Plan, Exhibit C.The final location of the access point will be coordinated with
the adjacent property owner and a cross-access easement will be provided at time of Site
Development Plan for the commercial outparcel(s) north of the signalized entry road.The
connection and supporting infrastructure will be constructed to the property line by the
developer or successors or assigns at the time the outparcel(s) is developed and
completed prior to Certificate of Occupancy.
d. Sidewalks connecting to the Immokalee Road ROW shall be provided on both the north
and south sides of the entrance road/drive.
4. ENVIRONMENTAL
a. The CPUD shall be required to preserve 15% of native vegetation. 19.01 21.70 ± acres of
native vegetation exists on-site requiring a minimum preservation of 2.85 3.26 ± acres
(19.01 21.70 x .15 = 2.853.26). A minimum of 2.85 3.26 ±acres of native vegetation shall
be retained on-site.
b. A management plan for Florida Black Bear shall be submitted for review and approval at
time of final plat or SDP for the project, whichever is applicable.
5. LANDSCAPING
a. Preserves may be used to satisfy the landscape buffer requirements after exotic
vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1.
Supplemental plantings with native plant materials shall be in accordance with LDC
Section 3.05.07. In order to meet the LDC requirements for a Type'B' buffer a 6 foot wide
landscape buffer reservation has been identified on the Master Plan. In the event that the
preserve does not meet buffer requirements after removal of exotics and supplemental
planning within the preserve, plantings will be provided in the 6 foot wide reservation to
meet the buffer requirements.The type, size, and number of such plantings, if necessary,
will be determined at time of initial SDP or Plat and included on the landscape plans for
the SDP or Plat.
b. The Type B Landscape Buffer along the west property line adjacent to Tracts 117 and the
south 150' of Tract 116 of Golden Gate Estates Unit No. 22 shall be supplemented with a
6-foot high opaque fence as shown on the Master Plan.
6. SPECIAL CONDITIONS
a. No adult orientated sales are permitted.
Words underlined are additions; words struck-fkr°ourgh are deletions
BCHD 1 PUDA, PL20220003428 Last Revised 6/14/2023 Page 9 of 10
b. Outdoor amplified sound shall be limited to areas labeled C on the Master Plan adjacent
to Immokalee Road and at least 500 feet from adjacent western residential parcels.There
will be no outdoor amplified sound between the hours of 9 p.m. and 8 a.m.weekdays and
10 p.m. and 8 a.m. on weekends.
c. There will be no outdoor dining adjacent to residential properties.
d. Delivery bays shall not abut external residential development.
e. All pole lighting shall be limited to flat full cutoff shields.
f. All buildings shall be designed with unifying architectural design elements.
g. No commercial structures will be constructed on the westerly portion of the PUD (a.k.a.
north 180 feet of Tract 116, Golden Gate Estates Unit 22 subdivision), which is the single
western parcel immediately abutting 4th St. NE. This area will be used for native
preservation, stormwater management or buffer areas only; however, the immediately
adjacent single family homeowner to the north (a.k.a.the south half of Tract 115, Golden
Gate Estates Unit 22 subdivision) may establish a driveway for the sole benefit and
exclusive use of that homeowner's residential property. There shall be no access to
commercial uses within the CPUD from 4th St. NE.
h. Should the The westernmost 361 feet of the westerly portion of the PUD (a.k.a. north 180
feet of Tract 116, Golden Gate Estates Unit 22 subdivision), which is the single western
parcel immediately abutting 4th ST. NE, 43ewas acquired by the property owner of the
adjacent northern parcel (a.k.a. the south half of Tract 115, Golden Gate Estates Unit 22
subdivision) on or before August 31, 2021, that area and shall not be utilized for water
management purposes and no buffers will be required on the northern, western and
southern portions of that property. A 15 foot wide type 'B' landscape buffer will be
provided east of the acquired portion of the property adjacent to the western end of the
proposed water management area as shown on the Master Plan. In the event the
property is not acquired by the property owner of the adjacent northern parcel(a.k.a.the
south half of Tract 115, Golden Gate Estat-es--L1444-2-2-641N4van--)--e-11-0-r--laefe-re-Atigust--347
2021, then that area may be utilized for water management purposes and buffers shall
Owner will install chain link fencing around the lake as required by the LDC or Code of
Laws and Ordinances at time of Site Development Plan approval.
Words underlined are additions; words struck-through are deletions
BCHD 1 PUDA, PL20220003428 Last Revised 6/14/2023 Page 10 of 10
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
June 20, 2023
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Ms. Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2023-29, which was filed in this office on June 19, 2023.
If you have any questions or need further assistance, please contact me at (850) 245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Administrative Code and Register Director
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270