CCPC Backup 04/05/2018 COLLIER COUNTY
PLANNING COMMISSION
BACKUP
DOCUMENTS
APRIL 5, 2018
Page 1 of 3
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., APRIL 5, 2018, IN
THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION
BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST,
NAPLES, FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY
ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN
ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED
10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE
CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC
MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT
SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE
PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO
BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE
APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO
THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS
BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD
AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF
COUNTY COMMISSIONERS IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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 TO BE BASED.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES – March 1, 2018
6. BCC REPORT- RECAPS
7. CHAIRMAN’S REPORT
8. CONSENT AGENDA
A. PL20170000425: An Ordinance of the Board of County Commissioners of Collier
County, Florida amending Ordinance Number 2006-50, the Creekside Commerce Park
Commercial Planned Unit Development (CPUD), as amended, by adding outdoor
recreation facilities as a general permitted use; by providing that wellness centers
associated with employees and hotel guests shall not count towards square footage
maximums in the business district and industrial commercial district; by allowing a 169
room hotel on Tract 6 west of Goodlette Frank Road; by decreasing the allowable square
footage in the industrial commercial district by 6,900 square feet for a total of 709,100
square feet of floor area of industrial/commerce uses; by decreasing the allowable square
footage in the business district by 23,000 square feet to 269,000 square feet including a
reduction from 242,000 square feet to 219,000 square feet of office uses; by adding indoor
and outdoor recreational facilities as a permitted accessory use in the business district and
industrial commercial district; by adding deviations to allow any use on Tracts 3 and 6 on
the master plan to be eligible for the county’s architectural deviation process and a
Page 2 of 3
deviation to permit existing street trees to satisfy the buffer tree requirements for Tract 5.
The subject property is located south of Immokalee Road and both east and west of
Goodlette Frank Road in Section 27, Township 48 South, Range 25 East, Collier
County, Florida, consisting of 106 acres; and by providing an effective date. [Coordinator:
Nancy Gundlach, AICP, Principal Planner]
9. ADVERTISED PUBLIC HEARINGS:
Note: This item has been continued from the March 1, 2018, CCPC meeting
A. PL20170002684: Resolution of the Board of Zoning Appeals of Collier County,
Florida, granting a parking exemption, to allow off-site parking on a contiguous lot
zoned Residential Single Family (RSF-4) and providing for repeal of Resolution No.
09-152, relating to a prior parking exemption. The subject property is located
between Rosemary Lane and Ridge Street, in Section 22, Township 49 South,
Range 25 East in Collier County, Florida. [Coordinator: James Sabo, AICP, Principal
Planner]
Note: This item has been continued from the February 15, 2018, CCPC meeting,
and the March 1, 2018, CCPC meeting:
B. PL20160003084: An Ordinance of the Board of County Commissioners of Collier
County, Florida amending Ordinance No. 89-05, as amended, the Collier County
Growth Management Plan for the unincorporated area of Collier County, Florida,
specifically amending the Future Land Use Element and Future Land Use Map and
Map Series by adding the Mini-Triangle Mixed Use Subdistrict to allow
construction of up to, with a mix to be determined by maximum allowable traffic
generation, 377 multi-family dwelling units, 228 hotel suites, 111,000 square feet of
gross floor area of commercial uses and 90,000 square feet of gross floor area of
general and medical office uses, 150 assisted living units, 60,000 square feet of self-
storage and 30,000 square feet of new car dealership; providing for maximum height
of 168 feet. The subject property is located near the southern corner of the
intersection of Davis Boulevard and Tamiami Trail East in Section 11, Township
50 South, Range 25 East, consisting of 5.35 acres; and furthermore, recommending
transmittal of the adopted amendment to the Florida Department of Economic
Opportunity; providing for severability and providing for an effective date.
(Coordinator: Sue Faulkner, AICP, Principal Planner) [Companion to PUDZ-
PL20160003054 & LDC-PL20160003642]
Note: This item has been continued from the February 15, 2018, CCPC meeting,
and the March 1, 2018, CCPC meeting:
C. PL20160003054: An Ordinance of the Board of County Commissioners of Collier
County, Florida amending Ordinance No. 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 General Commercial District in the Mixed Use Subdistrict of the
Gateway Triangle Mixed Use District Overlay (C-4-GTMUD-MXD) zoning district to
a Mixed Use Planned Unit development in the Mixed Use Subdistrict of the Gateway
Triangle Mixed Use District Overlay (MPUD-GTMUD-MXD) zoning district for a
project known as the Mini-Triangle MPUD to allow construction of up to, with a mix
to be determined by allowable traffic generation, 377 multi-family dwelling units, 228
hotel suites, 111,000 square feet of gross floor area of commercial uses and 90,000
square feet of gross floor area of general and medical office uses, 150 assisted living
units, 60,000 square feet of self-storage and 30,000 square feet of new car dealership;
providing for maximum height of 168 feet, on property located near the southern
corner of the intersection of Davis Boulevard and Tamiami Trail East in Section
11, Township 50 South, Range 25 East, Collier County, Florida, consisting of 5.35±
Page 3 of 3
acres; providing for repeal of conditional use resolutions; and by providing an
effective date. (Companion to PL20160003084/CPSS-2016-3 Mini-Triangle
Subdistrict and LDCA-PL20160003642) [Coordinator: Eric Johnson, AICP, Principal
Planner]
Note: This item has been continued from the February 15, 2018, CCPC meeting,
and the March 1, 2018, CCPC meeting:
D. LDCA-PL20160003642: An Ordinance of the Board Of County Commissioners of
Collier County, Florida, amending Ordinance number 04-41, as amended, the
Collier County Land Development Code, which includes the comprehensive land
regulations for the unincorporated area of Collier County, Florida, by providing for:
Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of
Amendments to the Land Development Code, more specifically amending the
following: Chapter Four – Site Design and Development Standards, including section
4.02.06 Standards for Development in Airport Zones, to exempt the Mini-Triangle
Subdistrict of the Urban Designation, Urban Mixed Use District of the Growth
Management Plan from the Height Standards for Development in Airport Zones;
Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County
Land Development Code; and Section Six, Effective Date. (Companion to
PL20160003084/CPSS-2016-3 Mini-Triangle Subdistrict and PL20160003054 Mini-
Triangle MPUD) [Coordinator: Jeremy Frantz, AICP, LDC Manager]
10. NEW BUSINESS
11. OLD BUSINESS
12. PUBLIC COMMENT
13. ADJOURN
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SUPPLEMENTAL STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING DIVISION—ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT—PLANNING & REGULATION
HEARING DATE: CONTINUED TO APRIL 5, 2018
SUBJECT: PETITION PUDZ-PL20160003054 MINI-TRIANGLE
Companion Item: GMPA-PL20160003084/CPSS-2016-3
BACKGROUND:
The applicant submitted the Mini-Triangle PUDZ application in December of 2016. After staff review,
the petition was forwarded to the Collier County Planning Commission (CCPC) with a
recommendation of approval, contingent upon satisfying three conditions of approval. At their
February 15, 2018 meeting, numerous topics were discussed, and the CCPC voted to continue the
petition until the next meeting. The CCPC voted to continue the item to March 1, 2018.
At the March 1,2018 hearing,staff provided the CCPC with a printed version of the relevant documents
collected at the February 15,2018 hearing(see previous packet). At the hearing,the applicant provided
a different version of the PUD Document. Numerous topics were discussed and the CCPC had
additional suggestions for the applicant including but not limited to establishing clear minimum
residential densities and commercial intensities for the project, and ensuring the project that is built
looks like the buildings illustrated in the color renderings in Exhibit C of the PUD Document. The
CCPC voted 6-0 to continue the item to April 5, 2018 meeting with the expectation that the applicant
would update the PUD Document in accordance with their suggestions.
SUMMARY OF CHANGES:
Exhibit A of the PUD Document: Below are the changes to Exhibit A compared to the version
contained in the packet for the CCPC hearing on March 1, 2018.
1. Removed the maximum building square footage for each use listed under A.I Principal
Uses. By doing this, Exhibit A.I will now simply list each proposed principal use and
omit a minimum or maximum threshold.
2. Reworded A.I.b.1. Hotels and transient lodging(7011).
3. Reworded A.I.b.2. to include the following limitation ol5912:)`excluding freestanding
liquor stores but allowing a free standing retail wine store":'
PUDZ-PL20160003054 ("7 21 w
March 28, 2018 Page 1 of 13
4. Re-organized the former A.I.b.2. to the extent that 7933, 7991, and 7999 limited to yoga
instructions, indoor shooting range, bicycle rental, and 8412 appear later in the list of
permitted uses in Exhibit A.
5. Renamed the use "Personal and financial services" to "Personal services." The use will
include 7212, 7231, and 7241. The other uses previously listed under Personal and
financial services (i.e., 6111-6163, 6211-6289, 6311-6399, and 6411) are now categorized
under a new heading, "General and medical office." This new use will include also 7311,
7371, 7373-7375, 8011-8092, 8111, 8611-8699, and 8711-8738, which were previously
listed under A.I.b.3 in the older document.
6. Moved Assisted Living Facility (ALF) (8082) et. al. to A.I.b.2.7. of the new document.
7. With respect to Indoor air-conditioned passenger vehicle and self-storage(4225),the new
document stipulates that"storage"will not be visible from an arterial or collector road.
8. New standards have been introduced to new car dealerships, as requested by the CCPC.
9. A new use - 5521 Motor Vehicles (Used Only)—has been added to the PUD Document.
This use is not indicated in the companion GMPA petition.
10. Added A.III Interim Use, which directly relates to the existing wireless communication
facility, as discussed during the public hearing process.
11. Modified B. Table 1: By Right Density and Intensity per Section A.1 by establishing
minimum and maximum thresholds for each major category of principal uses. The Land
Use Conversion Matrix (i.e., Table 2) has been eliminated. The contents of Table 3:
Density and Intensity Limitations in the old document has been incorporated into Table 1
of the new document.
Old Table
Table 3: Densits and Intensit% Limitations
Density and Intensity Limitations
.__ Self-
Multi-Family Hotel Retail and General Office Assisted Living Storage New Car
(dwelling IDealership
units) (rooms) (square feet) (dwelling units) (square (square feet
feet) I (s9 )
Minimum 50 NIA 30,000 combined N/A N/A N;A
Maximum I 400 200 200,000 combined ISO BAR of 60,000 30,000
51
See new table on ffollowing page:
PUDZ-PL20160003054
March 28,2018 Page 2 of 13
9C
unit.) and 3O,444°sgp#rtree le'et of commercial space. Also. 11o1,2 •`x ::tiler--'ethlc 3 of f #aibit-p
ipuktcs thep)llott'ing::
ASO building permit 3t'" - -. on the-last undeveloped.LV:'
Tract't threet%LI L Tt, ctsi depicti4-ott4 x--ltibit C, ,tlastc r Plat:. un/s:; a cct-tif ic`ate of
dcupo v-[itis-lets -ilial[fiir the mini : art;it fa y! 30,14
"ittifet - • dct•elopinen,'-car the mi-ilitnttm-5224 • , • , irt; unit. ail,[
3 :-14: J-squ fee--r;eeon erial-de=el pmet:t is inc[tulcd in the regue- . ' • "i7
No building permit will be issued for vertical construction on the last of the three MXU
Tracts depicted on Exhibit C Master Plan, unless: (1) construction has begun on a
building or buildings that satisfy the minimum required multifamily units and commercial
squarefootae identified under Table 1., above: or(2)certificates of occupancy have been
issued for these minimum required amounts: or (3) these minimum required amounts will
be accomplished by the construction of the buildings)described in the requested building
permit for the last MTU Tract, in which case no certificate of occupancy will be issuedfor
any portion of the building until the shell of the entire building has been completed.
The petitioner has demonstrated that"the element may be waived without a detrimental effect on
the health, safety and welfare of the community." Likewise, the petitioner has demonstrated the
deviation is "justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations"in accordance with LDC Section 10.02.13 B.5.h. As such,Zoning
staff supports this request and recommends APPROVAL of this deviation.
Proposed Deviation #6 (Landscape)
"Deviation from Section 4.02.16.2.a.,iii., which requires a minimum 10 foot wide Type D buffer
meeting the design standards of section 4.06.02.C.4, to allow the buffer to be reduced to a
minimum of 6 feet in width where the buffer abuts a right turn deceleration lane."
Petitioner's Justification: The applicant provided a lengthy justification,which has been provided
as an attachment to this staff report. Please see Attachment 2—Landscape Deviation.
Staff Analysis and Recommendation: Zoning Staff recommends APPROVAL of this deviation,
finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that
"the element may be waived without a detrimental effect on the health, safety and welfare of the
community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation
is"justified as meeting public purposes to a degree at least equivalent to literal application of such
regulations."
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney's Office reviewed this supplemental staff report on March 27, 2018.
PUDZ-PL20160003054
March 28, 2018 Page 11 off 13
RECOMMENDATION:
Staff recommends the CCPC forward this petition to the Board with a recommendation of approval,
contingent upon incorporating the following into the PUD Document:
1. With respect to car dealership in Exhibit A:
a. The dealership will be self-contained, within one of the proposed buildings, and all
display, service drop off and pickup, parking and car wash areas will be internal to the
building.
b. Service doors will be located on the building side which is internal to the site.
c. Locations for off-loading of vehicles will be internal to the site.
2. With respect to restaurants in Exhibit A, in Section A.I.b.3., delete the term "Restaurant," (but
leave"Eating and drinking establishments")as it is redundant. A restaurant is a subset of eating
establishments. This change would directly correlate to a recommended text change in the
companion GMPA petition.
3. With respect to overhead doors, if used, shall be internal to buildings and not visible from any
roads. SDP plans shall show lines of sight from the road on either side of the drive into the
building as well as the location of the overhead door to verify that the overhead door will not
be seen from the road except from the portion of the road directly in front of the drive into the
building.
4. With respect to principal use 7999 in Exhibit A, in Section A.I.b.10., delete the term "7999
limited to yoga instruction, and bicycle rental; 8412"because these uses are not provided for in
the companion GMPA Subdistrict, unless they are subsequently added to the GMPA
Subdistrict.
5. As it relates to Exhibit C Master Plan (Sheet 1 of 5), eliminate the zero-foot landscape buffer
label so that the landscape buffers along the east and west boundaries of the MPUD will be five
feet.
Attachments:
1) Letter PUD Document(3-16-2018)_Support Material
2) Landscape Deviation Request
3) Email from Ms. Cole
4) Letter from NAA
PU DZ-PL20160003054
March 28,2018 Page 12 of 13
JohnsonEric
RE: Mini Triangle PUDZ �~
Apr 4, 2018 at 4:04:03 PM
Bob Mulhere
AshtonHeidi
Bob,
The below commitments should be listed under a new heading, #7 Miscellaneous in Exhibit F.
Respectfully,
Eric L. Johnson, AICP, CFM, LEED Green Associate
Principal Planner
Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning.
From: Bob Mulhere [ .iitp:E3ohN_1l;Ihere@hmeng.com]
Sent: Tuesday, April 03, 2018 3:20 PM
To:JohnsonEric<Eric.Johnson@colliercountyfl.gov>
Subject: RE: Mini Triangle PUDZ
Ok. I am working to address NAA comments'as well
Bob Mulhere, FAICP
Vice President, Planning Services
HOLE MONTES
HOLE MONTES
239-254-2000
Direct: 239-254-2026
Cell: 239-825-9373
From:JohnsonEric[_1aiito:Eric.Johnson@colliercountyfl.gov
Sent:Tuesday,April 03,2018 3:23 PM
To:Bob Mulhere
Cc:AshtonHeidi;DeselemKay
Subject:Mini Triangle PUDZ
Bob,
I ultimately defer to Heidi,but I think we'll need the below inserted into the developer commitments:
2 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
3 All other applicable state or federal permits must be obtained before commencement of the
development.
Respectfully,
Eric Johnson,AICP, CFM
Principal Planner-Zoning Division
2800 Horseshoe Drive North,Naples Florida 34104
Phone:239.252.2931
Fax:239.252.6503
Note:Email Address Has Changed Eric.Johnson@colliercountyfl.org
Tell us how we are doing by taking our Zoning Division Survey at http://bit.lyiCollierZoning
Co r County
ter`
'4#, CITY OF NAPLES AIRPORT AUTHORITY
160 AVIATION DRIVE NORTH• NAPLES,FLORIDA 34104-3568
ADMINISTRATION(239) 643-0733/FAx 643-4084
OPERATIONS 643-0404/FAX 6434791,E-4A
434791,E-MAIL administe tionC flynaples.caiu
March 26, 2018
Mr. Jerry Starkey
Chief Executive Officer
Real Estate Partners International, LLC
1415 Panther lane
Naples, FL 34109
Collier County Planning Commission
Collier County Government Center
3299 Tamiami Trail East
Naples, FL 34112
Re: Mini-Triangle MPUD
Dear Mr. Starkey and Honorable Commissioners:
The Naples Airport Authority (NAA) is an interested party in the above petition and Land
Development Code (LDC) Amendment proposal by Real Estate Partners International, LLC, its
successors or assigns (Developer). I am writing as the Executive Director of the NAA on behalf
of the NM Board of Commissioners. The NAA requests that this letter be presented to the Collier
County Planning Commission (CCPC) before the CCPC begins the hearing on this matter
scheduled for April 5, 2018.
Following the CCPC meeting of March 1, 2018, the NM met with County staff and the Developer
and came to agreement on the following LDC Amendment language:
"Development of the Mini-Triangle Mixed Use Subdistrict of the Urban Designation,
Urban Mixed Use District of the Growth Management Plan that comports with height
requirements of Ordinance 2017- , is exempted from the maximum allowable
horizontal zone height of 150 feet from the established elevation of the Naples Airport,
as established in LDC Sections 4.02.06.E. and 4.02.06.F. Buildings are allowed up to
160 feet in height from the established elevation of the Naples Airport. Development
within the Mini-Triangle Mixed Use Subdistrict shall comply with the conditions set forth
in the Federal Aviation Administration letters of "Determination Of No Hazard To Air
Navigation", dated January 17, 2017, or any subsequent letters or extensions thereof."
As previously stated, all other provisions of LDC Section 4.02.06 should still apply to the project.
Additionally, the NAA will not object to the Mini-Triangle MPUD ("MPUD"), the permitting or
construction of any buildings within the MPUD, or permitting and operation of any temporary
cranes required for construction and/or maintenance of any buildings within the MPUD, so long
as the following Developer Commitments are incorporated into the Mini-Triangle MPUD
Ordinance:
NAPLES MUNICIPAL AIRPORT Prinfe,on Aecycseo Paper'OW
The BM 11Hk Aisped ihe emotiey6 Pc Ll/016
frrtS q Skip
Mr. Jerry Starkey and Collier County Planning Commission
March 26, 2018
Page 2
1. The Developer shall record the Naples Municipal Airport Agreement and Declaration of
Height Restrictions and Covenants (Declaration) in the form attached hereto that
stipulates:
a. The maximum height of any building or other structure (including all rooftop
appurtenances such as communication towers, antennas, elevator shafts, access
doors, recreational facilities and equipment) shall not exceed 160 feet above the
established elevation of the Naples Municipal Airport; and
b. Developer shall provide in any and all declarations of condominium, sales contracts,
leases and similar instruments encumbering, selling or transferring any interests in the
project the following disclosure:
"NAPLES MUNICIPAL AIRPORT. THE NAPLES MUNICIPAL AIRPORT IS
LOCATED LESS THAN ONE (1) MILE FROM THE
[CONDOMINIUM][PROPERTY][PREMISES], IN CLOSE PROXIMITY THERETO.
[PURCHASER][OWNERS][TENANT] CAN EXPECT ALL OF THE USUAL AND
COMMON NOISES AND DISTURBANCES CREATED BY, AND INCIDENT TO,
THE OPERATION OF AN AIRPORT."
The Declaration shall be recorded immediately after the deed conveying title to the
Developer and prior to any mortgage or other encumbrance;
2. The Developer shall comply with all stipulations of each FAA Determination of No Hazard
to Air Navigation related to this project; and
3. Any crane used for construction of the project shall first receive a FAA determination of no
hazard. The Developer shall adhere to all conditions of any temporary crane stipulated
by the FAA and coordinate with the NAA throughout construction.
The NAA acknowledges that notwithstanding the height restriction in paragraphs 1.a. above, any
temporary crane associated with the construction or maintenance of buildings in the MPUD and
which are subjected to paragraph 3 above, are likely to exceed the height limitation in 1.a. and
the NAA hereby affirms that such is not objectionable, so long as approved by the FAA as
provided in paragraph 3 above.
Thank you for your cooperation in this matter.
Sincerely,
Ck, 94n
Christopher A. Rozansky
Executive Director
Enclosure
cc: Nick Casalanguida, Deputy County Manager
Bill Owens, Bond Schoeneck & King, PLLC, NAA Counsel
NAA Board of Commissioners
623242.1
Prepared without opinion of title by:
William L.Owens,Esq.
Bond,Schoeneck&King,PLLC
4001 Tamiami Trail North,Suite 250
Naples,FL 34103
(239)659-3800
NAPLES MUNICIPAL AIRPORT AGREEMENT AND
DECLARATION OF HEIGHT RESTRICTIONS AND COVENANTS
This Naples Municipal Airport Agreement and Declaration Of Height Restrictions And
Covenants (this "Declaration") is made as of the day of , 2018 ("Effective
Date"), by REAL ESTATE PARTNERS INTERNATIONAL, LLC, a Delaware limited liability
company whose address is 1415 Panther Lane,Naples, Florida 34019, and its successors, successors-in-
title and assigns (collectively "Declarant"), and the CITY OF NAPLES AIRPORT AUTHORITY, a
political subdivision of the State of Florida whose address is 160 Aviation Drive North, Naples, Florida
34104, and its successors and assigns(collectively"Grantee").
RECITALS
A. Declarant is the fee simple owner of certain real property located in the County of
Collier, Florida, as more particularly described in Exhibit A attached hereto and by this reference made a
part hereof(the"Property").
B. The Property lies in close proximity to Naples Municipal Airport located in the City of
Naples,Florida(the"Naples Municipal Airport").
C. Declarant acknowledges that although the Property is located outside the approach and
noise zones, it is subject to and affected by noise,vibrations,fumes, vapors,exhaust, dust,deposits,odors
and any and all other effects and nuisances that may be incident to or caused by the operation of aircraft
over or in the vicinity of the Property or by aircraft landing at, taking off from or operating around or on
Naples Municipal Airport.
D. Declarant desires to develop the Property and Grantee has agreed to not object to or
oppose such development so long as Declarant agrees to impose certain covenants, equitable servitudes,
restrictions and requirements on the Property to promote safety and provide awareness of the proximity of
the Naples Municipal Airport.
E. The parties enter into this Declaration for the purposes set forth above.
NOW,THEREFORE, in consideration of premises and the forgoing recitals and the sum of Ten
Dollars($10.00)and other good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged,the Grantee hereby agrees that it will not object to the (i) development of the Property or
(ii) permitting, construction or maintenance of buildings and improvements to be constructed and
developed on the Property, including temporary cranes required for such construction, so long as such
development, buildings, improvements and temporary cranes comply with the restrictions and covenants
set forth in this Declaration, all required governmental approvals and conditions thereof and conditions of
any Federal Aviation Administration ("FAA") Letter of Determination of No Hazard to Air Navigation
issued in conjunction with the construction or use of temporary cranes for the buildings that are legally
applicable to the Property, in consideration for which Declarant, for itself and its successors, successors-
in-title and assigns, hereby voluntarily submits declares, agrees and subjects the Property, together with
all improvements from time to time erected or to be installed thereon, to all of the covenants, equitable
servitudes,restrictions and requirements contained in this Declaration:
Page 1 of 4
TERMS
1. Recitals. All of the Recitals set forth herein are hereby adopted and accepted and by this
reference made a part of this Declaration.
2. Submission Statement. All of the Property shall be owned, held, improved, transferred,
sold,conveyed,leased, licensed,mortgaged,used,repaired and maintained subject to all of the covenants,
equitable servitudes, restrictions and requirements of this Declaration which covenants, equitable
servitudes,restrictions and requirements shall run with the title to the Property. This Declaration shall be
binding upon all parties having any right, title or interest in any portion of the Property and their
successors,successors-in-title and assigns.
3. Height Restriction. No building, permanent structure or other improvement, including
Rooftop Appurtenances, shall be constructed, installed,affixed or otherwise placed on the Property which
is or will be erected to a height of greater than one hundred sixty (160) feet above the established
elevation of the Naples Municipal Airport. As used herein,Rooftop Appurtenances means appurtenances
commonly affixed to or placed on the roof of a building, structure or other improvement such as
communication towers, antennas, elevator shafts, access doors, equipment, trees, shrubbery and
vegetation (collectively "Rooftop Appurtenances"). Temporary cranes required for construction and/or
maintenance of buildings on the Property that comply with all required governmental approvals and
conditions thereof and conditions of any FAA Letter of Determination of No Hazard to Air Navigation
issued in conjunction with such construction and/or maintenance are not subject to the forgoing height
restriction.
4. Disclosure Requirements. Declarant covenants and agrees that a disclosure substantially
similar to the following shall be included in and made part of any and all declarations of condominium,
sales contracts, leases and similar instruments encumbering, selling or transferring any interests in the
Property or any portion thereof:
"NAPLES MUNICIPAL AIRPORT. THE NAPLES MUNICIPAL AIRPORT
IS LOCATED LESS THAN ONE (1) MILE FROM THE
[CONDOMINIUM][PROPERTY][PREMISES], IN CLOSE PROXIMITY
THERETO. [PURCHASER][OWNERS][TENANT] CAN EXPECT ALL OF
THE USUAL AND COMMON NOISES AND DISTURBANCES CREATED
BY,AND INCIDENT TO,THE OPERATION OF AN AIRPORT."
5. Running with Property. All of the covenants, equitable servitudes, restrictions and
requirements set forth in this Declaration shall be binding on and burden Declarant, Declarant's
successors, successors-in-title and assigns and any subsequent owner of all or part of any interest in the
Property. This Declaration shall attach to and run with the Property and shall be forever binding upon
Declarant and all successors-in-title to all or any portion of the Property. All of the covenants, equitable
servitudes, restrictions and requirements set forth in this Declaration shall be enforceable by Grantee
against Declarant and any future owners of the Property or any part thereof or interest therein, including,
but not limited to,any tenant, licensee,occupant or invitee of or on the Property or any portion thereof.
6. Certification. Within fifteen (15) days of receiving a certificate of occupancy for any
building, structure or other improvement, including Rooftop Appurtenances, constructed, installed,
affixed or otherwise placed on the Property, Declarant and any future owners of the Property or any part
thereof or interest therein shall provide Grantee with written certification from an architect, engineer or
surveyor licensed in the State of Florida that the as-built height of such building, structure or other
improvement, including Rooftop Appurtenances, is in full compliance with all of the covenants,equitable
servitudes,restrictions and requirements contained in this Declaration.
Page 2 of 4
7. No Waiver. No waiver by Grantee at any time of any covenants, equitable servitudes,
restrictions and requirements set forth in this Declaration shall be deemed or taken as a waiver at any time
thereafter of the same or any other covenants, equitable servitudes,restrictions and requirements or of the
strict and prompt performance thereof. No waiver shall be valid against Grantee unless reduced to
writing and executed by Grantee.
8. Default and Remedies. If Declarant fails to comply with or violates any of the covenants,
equitable servitudes, restrictions and requirements set forth in this Declaration, then Grantee shall be
entitled to exercise any and all rights or remedies available at law or in equity or under the express terms
of this Declaration, including injunctive relief as provided herein. All rights and remedies of Grantee
shall be cumulative and not exclusive of one another. The exercise of any one or more rights and
remedies shall not constitute a waiver or election with respect to any other available rights and remedies.
No delay or omission to exercise any rights and remedies accruing upon any failure to comply with or
violation of any of the covenants, equitable servitudes, restrictions and requirements set forth in this
Declaration shall impair those rights and remedies or shall be construed to be waiver thereof,but any such
rights and remedies may be exercised from time to time and as often as may be deemed necessary.
9. Injunctive Relief. Declarant acknowledges and agrees that damages as a result of a
failure to comply with or violation of any of the covenants, equitable servitudes, restrictions and
requirements set forth in this Declaration are not readily ascertainable,that money damages or other legal
relief will not adequately compensate Grantee for any such failure or violation, and, in addition to any
entitlement to monetary damages, that Grantee is entitled to injunctive relief compelling the specific
performance of all of the covenants, equitable servitudes, restrictions and requirements set forth in this
Declaration. Declarant further acknowledges and agrees that failure to comply with or violation of any of
the covenants, equitable servitudes, restrictions and requirements set forth in this Declaration would
constitute irreparable harm to Grantee, and Declarant hereby waives any defenses to the grant of a
temporary injunction or restraining order related to any such failure or violation based on the adequacy of
legal remedies.
10. Severability. In the event any one or more of the provisions contained in this Declaration
shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality
or unenforceability shall not affect any other provisions of this Declaration, and this Declaration shall be
construed as if such invalid, illegal or unenforceable provision had never been contained herein.
11. Recording and Modification. Declarant shall, at its sole cost, record this Declaration in
the Public Records of Collier County, Florida. This Declaration may only be modified, amended,
released or terminated by a written instrument executed by Grantee and Declarant or Declarant's
successors, successors-in-title and assigns to the fee simple title to the Property or any portion thereof,
and recorded in the Public Records of Collier County,Florida.
IN WITNESS WHEREOF, Declarant and Grantee have made, executed and delivered this
Declaration as of the Effective Date.
DECLARANT:
REAL ESTATE PARTNERS INTERNATIONAL,LLC,
a Delaware limited liability company
Witness#1 Name:
By:
Printed Name:
Printed Title:
Witness #2 Name:
Page 3 of 4
GRANTEE:
CITY OF NAPLES AIRPORT AUTHORITY
Witness#1 Name:
By:
Printed Name:
Printed Title: Chairperson
Witness #2 Name:
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing instrument was sworn to, subscribed and acknowledged before me this day
of , 2018 by , as of REAL ESTATE
PARTNERS INTERNATIONAL, LLC, a Delaware limited liability company on behalf of the company.
He or she is personally known to me or has produced his as identification.
Notary Public
Printed Name of Notary Public
My Commission Expires:
[Seal]
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing instrument was sworn to, subscribed and acknowledged before me this day
of , 2018 by , as Chairperson of CITY OF NAPLES
AIRPORT AUTHORITY. He or she is personally known to me or has produced his
as identification.
Notary Public
Printed Name of Notary Public
My Commission Expires:
[Seal]
Page 4 of 4
Exhibit A
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DAVIDSONDE
N
EN G I N EE (�
PARKING EXEMPTION AREA CONDITIONS OF APPROVAL
1. The Parking Exemption area is limited to lots 14, 53, and 55 of the Rosemary Heights Addition
subdivision as shown on the "Sandbanks Redevelopment Conceptual Site Plan" prepared by Davidson
Engineering. The plan is conceptual only and utilized for Parking Exemption approval only. Final site
design and development plans shall comply with all applicable federal, state, and county laws and
regulations; and
by the proposed concept building and Mr. Tequila restaurant only; and The Parking Exemption is
limited to the provision of typical parking lot features and support items i.e.water management,—and
vehicular circulation and refuse collection areas.This area shall be restricted for use by the proposed
concept building and Mr.Tequila restaurant only; and
3. The following commitments from former Resolution 2009 152 shall apply:
posted to restrict the PE spaces to hours of use between 7am and 6pm, Monday through Friday.
vegetative screen; and
iii. 1 tree per 25 feet,trees at time of planting shall be a minimum of 30 gallons, 16 feet height,
4.3.Parking within the PE area is restricted to paved surface parking; and
&A.The use of the Parking Exemption area identified in the "Sandbanks Redevelopment Conceptual Site
Plan" prepared by Davidson Engineering for additional parking shall be restricted to serve normal
retail business hours of operation.Signage will be posted restricting the parking exemption spaces to
hours of use between 7:00 AM and 10:00 PM; and
6:5.Parking lot lighting within the parking exemption area will be restricted to light fixtures having an
overall height no greater than 42 inches and shall be restricted to operating in the Parking Exemption
Area between the hours of 6:30 AM and 10:30 PM; and
Sandbanks Parking Exemption
Conditions of Approval
April 34,2018 www.davidsonengineering.com
1
DE
DAVIDSON
PARKING EXEMPTION AREA CONDITIONS OF APPROVAL
1. The Parking Exemption area is limited to lots 14, 53, and 55 of the Rosemary Heights Addition
subdivision as shown on the "Sandbanks Redevelopment Conceptual Site Plan" prepared by Davidson
Engineering. The plan is conceptual only and utilized for Parking Exemption approval only. Final site
design and development plans shall comply with all applicable federal, state, and county laws and
regulations; and
2. The Parking Exemption is limited to the provision of typical parking lot features and support items i.e.
water management and vehicular circulation. This area shall be restricted for use by the proposed
concept building and Mr.Tequila restaurant only; and
3. Parking within the PE area is restricted to paved surface parking; and
4. The use of the Parking Exemption area identified in the "Sandbanks Redevelopment Conceptual Site
Plan" prepared by Davidson Engineering for additional parking shall be restricted to serve normal
retail business hours of operation.Signage will be posted restricting the parking exemption spaces to
hours of use between 7:00 AM and 10:00 PM; and
5. Parking lot lighting within the parking exemption area will be restricted to light fixtures having an
overall height no greater than 42 inches and shall be restricted to operating in the Parking Exemption
Area between the hours of 6:30 AM and 10:30 PM; and
6. Lighting provided at the rear of any building and structure and adjacent to the parking exemption area
within the Sandbanks Development and adjacent to lots 57, 59 and 18 of the Rosemary Heights
Subdivision (recorded in Plat Books 1 &2, Pages 78&83, respectively of the Public Records of Collier
County) shall be in the form of shielded structure mounted sconces. These shielded structures shall
be placed no higher than 10-feet measured from finished floor of the building or structure. Pole
Lighting(no higher than 10-feet in height)for the safe illumination of the drive aisle(within the Parking
Exemption Area) is permitted within the C-4 zoned property, and adjacent to the Parking Exemption
Area. Lighting in this area shall be restricted to operating between the hours of 6:30 AM—10:30 PM.
Dark Skies—outdoor lighting basics shall apply(in the form of LED fixtures); and
7. A 6-foot precast concrete, composite fencing materials, concrete masonry, or brick wall, shall be
provided and located a minimum of 6 feet from the common property line adjacent to lots 57,59 and
18 of the Rosemary Heights Subdivision (recorded in Plat Books 1 &2, Pages 78 & 83, respectively of
the Public Records of Collier County); within a 15- foot wide Collier County LDC Type B Landscape
Buffer; and
8. There shall be no direct access from the adjacent streets to the parking exemption area.Access to this
parking area shall be via the commercially zoned property.
Sandbanks Parking Exemption
Conditions of Approval
April 4,2018 www.davidsonengineering.com
1
19. In the new document, C. Tract GO: Green/Open Space was updated to also include the
property owners' association as an entity who is responsible for the installation (and
maintenance) of any improvements and/or landscaping within this tract.
Exhibit B of the PUD Document: Below are the changes to Exhibit B compared to the version
contained in the packet for the CCPC hearing on March 1, 2018:
1. With respect to setbacks adjacent to a public street in the table listed in A. Residential &
Commercial Development Standards,the new document stipulates that the 20-foot setback
will be measured from the MPUD property line,whereas the old document did not provide
such specificity.
2. With respect to perimeter buffers not adjacent to a public street in the table listed in A.
Residential& Commercial Development Standards, the zero-foot setback was eliminated,
so that a five-foot setback will always be required. Also,the title was changed to substitute
"buffer" for"yard."
3. With respect to building height in the table listed in A. Residential & Commercial
Development Standards,the reference to NGVD was removed, as was the Federal Aviation
Administration (FAA) height limit. In addition, the requested maximum actual building
height has been changed to reflect 162.8 feet. A note has been added to the table stipulating
the following:
*FAA Letters of No Hazard Limit building height to 168 feet above mean sea level
(AMSL), (See Exhibit C Master Plan Sheet 4 of 4). The Maximum Zoned and Actual
Heights are measured as defined in the LDC and are more restrictive than the FAA
Maximum Height.
Exhibit C of the PUD Document: Below are the changes to the Master Plan in Exhibit C compared
to the version contained in the packet for the CCPC hearing on February 15 44, 2018.
1. On the master plan (i.e., sheet 1), added labels along the MPUD's south boundary along
US 41 that correctly correlate to the requested deviations.
2. Each deviation listed in the Schedule of Deviations (i.e., sheet 3) are capitalized whereas
the previous version was sentence-case.
3. Inserted a requirement to the Schedule of Deviations (i.e., sheet 3), specifically Deviation
#5 that Royal Palm trees will be no shorter than 20 feet at the time of installation.
4. Added a second landscaping deviation to the Schedule of Deviations (i.e., sheet 3), which
staff supports(see Landscape Deviation#6 in the Deviation Discussion section of this staff
report).
P�
PUDZ-PL20160003054
March 28, 2018 Page 4 of 13
5. Added Maximum Building Height Diagrams (i.e., sheets 4 and 5)illustrating the proposed
maximum actual and zoned heights (that are recognized by the County), as well as the
height allowed by the Naples Airport Authority(NAA) and the FAA.
Exhibit E of the PUD Document: Below is the change to Exhibit E compared to the version
contained in the packet for the CCPC hearing on February 15 4-4, 2018.
1. Added a second landscaping deviation to the List of Deviations from LDC, which staff
supports (see Landscape Deviation#6 in the Deviation Discussion section of this staff
report).
Exhibit F of the PUD Document: Below are the changes to Exhibit E compared to the version
contained in the packet for the CCPC hearing on February 15, 2018.
1. Changed the standard of measurement from a maximum total daily trip generation of 875
two-way PM peak hour unadjusted trips to a maximum Net New Trip generation of 628
two-way PM peak hour adjusted trips.
2. Inserted developer commitments to the NAA.
Traffic Impact Statement (TIS): Several changes have been made to the TIS since the CCPC
hearings on February 15, 2018 and March 1, 2018.
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE):
This rezone petition may not be deemed consistent with the Future Land Use Element (FLUE) of the
Growth Management Plan. However, this petition may be deemed consistent contingent upon the
adoption of the companion GMPA-PL20160003084/GMPA- /CPSS-2016-3 and if the conditions of
approval listed in the Recommendation section on page 10 of this staff report are made.
Transportation Element:
In evaluating this project, staff reviewed the applicant's Traffic Impact Statement (TIS) for
consistency with Policy 5.1 of the Transportation Element of the GMP using the 2016 and 2017
Annual Update and Inventory Reports (AUIR).
Policy 5.1 of the Transportation Element (TE) of the GMP states,
The County Commission shall review all rezone petitions, SRA designation applications,
conditional use petitions, and proposed amendments to the Future Land Use Element
(FLUE) affecting the overall countywide density or intensity of permissible development,
with consideration of their impact on the overall County transportation system, and shall
not approve any petition or application that would directly access a deficient roadway
segment as identified in the current AUIR or if it impacts an adjacent roadway segment
PU DZ-PL20160003054
March 28,2018 Page 5 of 13
From: Bob Mulhere obMulherelmeng.com
Subject: See revised language below .
Date: Apr 4, 2018 at 11:29:00 AM
To: Jerry Starkey js@reptrs.com Patrick Neale
pnea e patrickneale.com; Chris Rozansky
lozansklynaples.com
Chris and Pat:
Please see the revised language below. I have also attached Declaration Exhibit"G". I will clean up
the exhibit labeling after Thursday hearing.
i\)aP DID man
We should be good to go, yes? a5`n yc lyS
6. NAPLES AIRPORT AUTHORITY (NAA) , ger 'k9S'W` ,e%`e/0.,
aPP
a. The Developer shall record a restrictive covenan .- - '." . — : - : 'in 4
-Egna-)in the public records of Collier County, that stipulates:
i. The maximum height of any building or other structure (including0 �
rooftop appurtenances) to 160 feet above the established elevation of the �l(pv.
Naples Airport, which is a total height of 168 NAVD. The restrictive; ow ` 1)
covenant shall be recorded at the time of conveying the title of the ik
property from the County to the Developer, and prior to any mortgage or
other encumbrance.
ii. The Developer shall provide in any and all declarations of
condominium, sales contracts, leases and similar instruments
encumbering, selling or transferring any interests in the project, the
following disclosure:
"NAPLES MUNICIPAL AIRPORT. THE NAPLES MUNICPAL
AIRPORT IS LOCATED LESS THAN ONE (1) MILE FROM THE
[CONDOMINIUM] [PROPERTY] [PREMISES], IN CLOSE
PROXIMITY THERETO. [PURCHASERS][OWNERS]
[TENANTS] CAN EXPECT ALL OF THE USUAL AND
COMMON NOISES AND DISTURBANCES CREATED BY, AND
INCIDENT TO, THE OPERATION OF AN AIRPORT."
iii. The Developer shall comply with all stipulations of each FAA
Determination of No Hazard to Air Navigation issued on January 17,
2017, or as may be extended, reissued or subsequently issued.
iv. Any crane used for construction and/or maintenance shall first receive
a FAA Determination of No Hazard to Air Navigation and the applicant
shall adhere to any stipulations contained within any such FAA
Determination of No Hazard.
Bob Mulhere, FAICP
Vice President, Planning Services
HOLE MONTES
950 Encore Way
Naples, FL 34110
Office: 239.254.2000
Direct: 239.254.2026
Fax: 239.254.2099
Cell: 239-825-9373
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1
Martha S. Vergara
From:JohnsonEric <Eric.Johnson@colliercountyfl.gov>
Sent:Friday, April 06, 2018 11:00 AM
To:Minutes and Records
Subject:Mini Triangle PUDZ (Item 9.C)
Attachments:Attached Image
At yesterday’s CCPC hearing, I took notes and showed some of them on the visualizer. I don’t recall which
ones were shown so in an abundance of caution (and without reviewing the video of the meeting), I am
forwarding the attached, which represents all my marked-up pages to be included in the back up. You may
print this email for the backup material as well. Thank you.
Respectfully,
Eric L. Johnson, AICP, CFM, LEED Green Associate
Principal Planner
Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning.
-----Original Message-----
From: ITScanner
Sent: Friday, April 06, 2018 11:52 AM
To: JohnsonEric <Eric.Johnson@colliercountyfl.gov>
Subject: Attached Image
________________________________
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.
EXHIBIT A
MINI -TRIANGLE MPUD
VISION, PURPOSE AND INTENT
The Mini Triangle MPUD is intended to be a catalyst project spurring further redevelopment in
the Bayshore/Gateway Triangle area. In order to facilitate a vibrant mixed use development and
viable market demand, as provided for and incentivized in the GTMUD-MXD Overlay for the
"Mini -Triangle" area, the MPUD provides for greater intensity, density, and flexibility in Site
Design and Development Standards. For the purposes of this MPUD mixed use shall include, at
a minimum, residential multifamily development along with a mix of commercial uses, including
retail, restaurant and office uses, and may include other commercial uses such as a hotel with
ancillary commercial uses, "multiplex" movie theater, bowling center, physical fitness facilities,
personal services, and other commercial uses identified in this MPUD. The development form
shall be two or more multi -story structures with commercial uses generally located on the ground
floor (and subsequent floors for some commercial uses such as office, restaurants or multiplex
theater by way of example and not limitation), with floors of supporting parking, residential,
hotel, retail, office or other approved uses. The MPUD establishes minimums and maximums for
residential density and commercial intensity to ensure a viable mixed use development.
LIST OF PERMITTED USES
TRACT MXU — MIXED-USE DEVELOPMENT
A. PERMITTED USES:
The PUD shall be developed with a mixture of residential and commercial uses. No building or
structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part,
within the Mini -Triangle MPUD, for other than the following:
I. Principal Uses
a. Residential Uses (see Table 1 for minimum and maximum number of( )
multifamily units):
1. Multifamily residential dwelling units. 0�1
b. Commercial Uses (see Table 1 for minimum and maximum rcq�odggingi"
c quare footage):
1. Hotels and transient lodging (7011). The term "transient includes hotels,
interval ownership/membership and vacation rental/membership facilities. Any
such transient lodging shall include the following operational characteristics
and/or limitations: lodging accommodations normally on a daily or weekly rate
to the general public or to interval owners/members and provisions for check in
and housekeeping services, as well as other amenities such as dining facilities,
meeting rooms, or recreational facilities.
Page 1 of 31
HA2016\2016052\WP\PUDZ\Post CCPC\Post Staff Meeting 3-8-19\Mini-Triangle MPUD (PUDZ-PL20160003054) (3-26-2018).docx
2. Retail (5311-5399; 5411- 5499; 5611-5699; 5712-5736; 5912; 5921, excluding
freestanding liquor stores but allowing a free standing retail wine store; 5941-
5948;5992 —5999);
3. Eating and drinking establishments (5812 and 5813, excluding bottle clubs);
4. Movie Theatre (multiplex) (7832);
5. Personal services (7212, 7231, 7241);
6. General and medical office (6111-6163; 6211-6289; 6311-6399; 6411, 7311;
7371; 7373-7375; 8011- 8092, 8111; 8611-8699; 8711-8748).
7. Assisted Living Facility (ALF) (8082), limited to 150 units and a FAR of 0.45 and
subject to other conditions and standards set forth in Exhibit F. of this MPUD.
8. Indoor air-conditioned passenger vehicle and self -storage (4225). Access to the
indoor air-conditioned passenger vehicle and/or self storage must be internal to
the site and storage not visible from an arterial or collector road.
9. New or used car dealershi[Y' limited to an interior showroom/display, plus
delivery and warranty/repair bays (5511 and 5521), and further limited as follows:
■air--.bays-asseeiated with-the-car-&al�er-ship4nust
b —Ai-ble- tern-a-aaedaLozcollector-road.
® No outdoor paging or amplified sound shall be permitted.
m No automated car wash will be permitted. Any onsite washing will be
done manually.
® No gasoline storage or fueling tanks are permitted.
No Roof top parking of vehicles is permitted.
Collision shop operations are prohibited.
m For new car dealerships (5511) used vehicle sales shall be limited to
luxury and/or collectible vehicles and limited to a maximum of 49% of
overall sales.
® Use car sales shall be limited to establishments whose business is sales of
antique or classic collectible vehicles and/or vehicles with a value equal to
or greater than $80,000.
® Vehicular access/overhead doors for vehicle delivery, showroom, car
washing areas, and service areas, including service drop off and pick up,
shall be fully located within a building and not visible from a public
v2p 0- roadway or a driveway internal to the project. SDP plans shall show lines
of sight from the road or internal drive on either side of the drive into the
building as well as the location of the overhead door to verify that the
overhead door will not be seen except from the portion of the road directly
in front of the drive into the building.
■ Services doors must be designed to allow for closure and opened only for
entry and exiting of vehicles, and not visiblc from the exterior of the
building.
® Off-loading of vehicles shall is prohibited on any public street.
Hours of Operation shall be limited as follows:
o Sales - 8:00 AM to 9:00 PM for Monday through Saturday.
o Service - 7:00 AM to 6:00 PM Monday through Saturday.
o Sales and Service - 10:00 AM — 6:00 PM Sunday.
.� L
Page 2 of 31
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CCPC\Post Staff Meeting 3-8-19\Ivlini-Triangle MPUD (PUDZ-PL20160003054) (3-26-2018).docx
M
Velete J\),1oa !C?lAcc+
T 1116111
10. Other (7933, 7991, 7999 limited to yoga instruction, and bicycle rental; 8412).
11. Any other principal use which is comparable in nature with the forgoing list of
permitted principal uses, as determined by the Board of Zoning Appeals or the
Hearing Examiner by the process outlined in the LDC.
II. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures permitted by right in this MPUD, including, but not limited to:
a. Residential Uses:
1. Recreational uses and facilities that serve the residents of the PUD, such as
swimming pools, fitness centers, dining facilities, and recreation/amenity buildings.
2. Customary accessory uses and structures to residential units, including parking
structures, gazebos, fountains, trellises, signage, and similar structures.
b. Commercial Uses:
1. Caretaker's residences one (1) per building, not to exceed three (3), subject to LDC
Section 5.03.05.
2. Temporary display of merchandise during business hours provided it does not
adversely affect pedestrian or vehicular traffic or public health or safety as
determined by the County. Merchandise storage and display is prohibited within
front yards adjacent to Davis Boulevard and Tamiami Trail (US 41), but allowed
within internal public areas and within side and rear yards.
3. Customary accessory uses and structures to commercial development, including
parking structures, gazebos, fountains, trellises, and similar structures.
�4 -FvcA +iz,4 5 amO Kl* k L�
III. Interim Use:
The cell tower located within this MPUD at 2054 Davis Boulevard may remain in place and
in operation as a pennitted use until such time as the current lease expires or is terminated
early by agreement of the parties of the lease. C4CC-�VV-5 Ad
B. DENSITY AND INTENSITY MINIMUMS AND MAXIMUMS AND OTHER
LIMITATIONS
1. Table 1 below establishes the required minimum and maximum density and intensity for
various Principle Uses, set forth in paragraph A.I., as applicable.
Page 3 of 31
HA2016\2016052MPTUMPost CCPC\Post Staff Meeting 3-8-19\Mini-Triangle MPUD (PUDZ-PL20160003054) (3-26-2018).doex
Table 1
Density and Intensity Minimums and Maximums
General/Medical
Multifamily
Permitted Uses
Office
Assisted
New/Car
(dwelling
Hotel
Section A.I.b.
Section A.I.b.
Living
Self -Storage
Dealership
units)
(rooms)
Uses 2 through 5
Use 6
(dwelling
(square feet)
(square
(square feet)
(square feet)
units)
feet)
37,000 of at least
Minimum
105
N/A two of permitted
30,000
N/A
N/A
N/A
uses A.I.b. 2
through 5
Maximum 377
228
111,000
90,000
150 (FAR of
0.45)
60,000
' 30,000
2. In no case shall the maximum total daily trip generation exceed 628 two-way PM peak
hour Net New Trips based on the use codes in the ITE Manual on trip generation rates in
effect at the time of application for the SDP/SDPA or subdivision plat approval. The term
Net New Trips means the new trips generated by development within the Mini Triangle
Subdistrict, reduced by pass -by trips and internal capture.
3. Subject to the minimum amounts required in Table 1, an overall maximum of 200,000
square feet of any combination of uses allowed in Section A.I.b., uses 2 though 11, shall D� `mss
be permitted. 2 Te k 6, °1MCk � f �� t_-
4. No building permit will be issued for vertical construction on the last of the three MXU
Tracts depicted on Exhibit C, Master Plan, unless: (1) construction has begun on a
building or buildings that satisfy the minimum required multifamily units and
commercial square footage identified under Table 1., above; or (2) certificates of
occupancy have been issued for these minimum required amounts; or (3) these minimum
required amounts will be accomplished by the construction of the building(s) described in
the requested building permit for the last MXU Tract, in which case no certificate of
occupancy will be issued for any portion of the building(s) on the last MXU tract until
the entire shell(s) of the building(s) containing the minimum required amounts has been
completed.
5. No individual commercial use may be located in a building less than three stories in
height.
6. Other than office and hotel, no single tenant stand-alone commercial uses are permitted in
an individual building. At least 2 of the permitted commercial uses listed in Section A.I.b.
2 through 5, shall be provided in order to meet the minimum 37,000 square feet
established for these uses in Table 1.
7. Other than as may be allowed under the LDC for sales or special events, no outdoor
storage of goods or merchandise of any kind is permitted.
8. Surface parking shall not exceed 100 spaces, except that during construction, vacant
portions of the MPUD may be used for temporary construction related parking.
9. There shall be a minimum of two multi -story buildings in the MPUD.
Page 4 of 31
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C. TRACT GO: GREEN/OPEN SPACE
Green/Open Space areas are not fixed on the M D Master Plan. They will vary in location
throughout the site, and will be located at the t' of SDP approval. A minimum of 15 percent of
the overall MPUD area shall be provided in u ble Green/Open Space. Green/Open Space areas
may include: surface and rooftop landscape/ and hardscape areas, all outdoor public spaces and
common areas, including pedestrian ways,. idewalks, greens, patios, terraces, and the like, and
pedestrian ways, sidewalks and Ian
areas installed and maintained by the developer, or
property owners' association, whether ithin the adjacent public rights-of-way or within private
easements. Structures intended to f cilitate public use and gathering are permitted within
Green/Open Space areas. Examples nclude, but are not limited to: gazebos, fountains, trellises,
planters, benches, landscape strut es, outdoor art including statues, food -trucks, mobile kiosks,
signage, and outdoor dining facili es.
G0�
Page 5 of 31
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EXHIBIT B
MINI -TRIANGLE MPUD
DEVELOPMENTSTANDARDS
A. RESIDENTIAL & COMMERCIAL DEVELOPMENT STANDARDS
The table below sets forth the development standards for residential and commercial land uses
within Mini -Triangle 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.
S.P.S. = Same as Principal Structures
BH = Building Height
* FAA Letters of No Hazard Limit building height to 168 feet above mean sea level (AMSL), (See Exhibit C
Master Plan Sheet 4 of 4). The Maximum Zoned and Actual Heights are measured as defined in the LDC and are
more restrictive than the FAA Maximum Height.
B. Parking:
1. Off -Street: Parking shall be provided in accordance with Section 4.02.16 - Design
Standards for Development in the Bayshore Gateway Triangle Redevelopment Area,
Section F., Table 1 Parking Space Requirements in the BMUD and GTMUD. For uses
not specifically listed in Table 1, parking shall be provided as required in the LDC
except as otherwise provided for in Exhibit E.
Page 6 of 31
H:\2016\2016052\WP\PUDZ\Post CCPC\Post Staff Meeting 3-8-19\Mini-Triangle MPUD (PUDZ-PL20160003054) (3-26-2018).docx
PRINCIPAL STRUCTURES
MIN. LOT AREA
20,000 s.f.
MIN. LOT WIDTH
100 feet as measured by frontage on a public right-of-way or internal driveway,
MIN. FLOOR AREA
500 s.f for commercial structures and 700 s.f for residential dwelling units, except that
up to 20% of residential dwelling units may be between 699 and 500 s.f. Hotel
suites/rooms and ALF units, are not subject to a minimum floor area requirement.
MINIMUM YARDS
ADJACENT TO A PUBLIC
20 feet, measured from the MPUD pt:upog�-knc- 6 vu 0 (Z�
STREET
ALL OTHER MPUD
5 feet
PERIMETER YARDS
MIN. DISTANCE BETWEEN
40 feet
STRUCTURES
MAX. BUILDING HEIGHT,
160 feet
ZONED
MAX. BUILDING HEIGHT,
162.8 feet
ACTUAL*
ACCESSORY STRUCTURES
ADJACENT TO A PUBLIC
S.P.S.
STREET
ALL OTHER MPUD
S.P.S
PERIMETER YARDS
MAX. BUILDING HEIGHT
S.P.S
NOT TO EXCEED ZONED
MAX. BUILDING HEIGHT
S.P.S
NOT TO EXCEED ACTUAL
S.P.S. = Same as Principal Structures
BH = Building Height
* FAA Letters of No Hazard Limit building height to 168 feet above mean sea level (AMSL), (See Exhibit C
Master Plan Sheet 4 of 4). The Maximum Zoned and Actual Heights are measured as defined in the LDC and are
more restrictive than the FAA Maximum Height.
B. Parking:
1. Off -Street: Parking shall be provided in accordance with Section 4.02.16 - Design
Standards for Development in the Bayshore Gateway Triangle Redevelopment Area,
Section F., Table 1 Parking Space Requirements in the BMUD and GTMUD. For uses
not specifically listed in Table 1, parking shall be provided as required in the LDC
except as otherwise provided for in Exhibit E.
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FROM THE POINT OF INTERSECTION OF THE WEST BOUNDARY LINE OF THE EAST
HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, LYING
NORTH OF THE TAMIAMI TRAIL (FORMERLY KNOWN AS DIXIE HIGHWAY), OF
SECTION 11 IN TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, WITH THE NORTHEASTERLY RIGHT OF WAY LINE OF THE SAID
TAMIAMI TRAIL RUN IN A SOUTHEASTERLY DIRECTION FOR 396.58 FEET ALONG
SAID NORTHEASTERLY RIGHT OF WAY LINE, TO ESTABLISH THE POINT OF
BEGINNING; THENCE FROM THE POINT OF BEGINNING DEFLECT 90 DEGREES
FROM THE SOUTHEASTERLY TO THE NORTHEASTERLY AND RUN 322.02 FEET;
THENCE DEFLECT 43 DEGREES 39 MINUTE 10 SECONDS, FROM THE
NORTHEASTERLY TO THE NORTHERLY AND RUN 57.48 FEET; THENCE DEFLECT 69
DEGREES 51 MINUTES 00 SECONDS FROM NORTHERLY TO NORTHWESTERLY AND
RUN 63.91 FEET; THENCE DEFLECT 66 DEGREES: 29 MINUTES 50 SECONDS FORM ef3om ?
NORTHWESTERLY TO SOUTHWESTERLY AND RUN 338.2 FEET TO THE SAID
NORTHEASTERLY RIGHT OF WAY LINE OF SAID TAMIAMI TRAIL; THENCE IN A
SOUTHEASTERLY DIRECTION RUN 98.29 FEET ALONG SAID NORTHEASTERLY
RIGHT OF WAY LINE THE POINT BEGINNING.
LESS AND EXCEPTING
THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF LOT 6 OF SAID TRIANGLE LAKE;
THENCE ALONG THE WEST LINE AND THE SOUTHERLY EXTENSION OF SAID LOT
6, SOUTH 00 DEGREES 33'46" EAST 307.41 FEET TO THE SURVEY BASE OF STATE
ROAD 90 (US 41) AND TO THE BEGINNING OF A CURVE CONCAVE
SOUTHWESTERLY; THENCE ALONG SAID SURVEY BASE LINE, THE ARC OF SAID
CURVE TO THE RIGHT, HAVING A RADIUS OF 11,459.16 FEET, A CENTRAL ANGLE
OF 01 DEGREES 15'59.2", AN ARC LENGTH OF 253.29 FEET, THE CHORD FOR WHICH
BEARS SOUTH 53 DEGREES 24'08" EAST TO THE END OF SAID CURVE; THENCE
NORTH 37 DEGREES 13'52"EAST, 50.00 FEET TO THE NORTHERLY EXISTING RIGHT
OF WAY LINE OF SAID STATE ROAD 90 (US 41) (PER SECTION 03010-2116) FOR A
POINT OF BEGINNING; THENCE NORTH 37 DEGREES 59'11" EAST 20.00 FEET TO THE
BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC
OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 11,529.16 FEET, A CENTRAL
ANGLE OF 00 DEGREES 29'17.3", AN ARC LENGTH OF 98.22 FEET, THE CHORD FOR
WHICH BEARS SOUTH 52 DEGREES 31'25" EAST TO THE END OF SAID CURVE;
THENCE SOUTH 37 DEGREES 59'11" WEST, 20.00 FEET TO SAID NORTHERLY
EXISTING RIGHT OF WAY LINE AND THE BEGINNING OF THE CURVE CONCAVE
SOUTHWESTERLY; THENCE ALONG SAID NORTHERLY EXISTING RIGHT OF WAY
LINE, THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 11,509.16
FEET, A CENTRAL ANGLE OF 00 DEGREE 29'20.3", AN ARC LENGTH OF 98.22 FEET,
THE CORD WHICH BEARS NORTH 52 DEGREES 31'28" WEST TO THE END OF SAID
CURVE AND THE POINT OF BEGINNING.
CONTAINING 1,964 SQUARE FEET.
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EXHIBIT E
MINI -TRIANGLE MPUD
LIST OF DEVIATIONS FROM LDC
This 5.35 acre MPUD is located within the Bayshore/Gateway Redevelopment Area and
specifically within the Mini Triangle Subdistrict. Given the desire for this area to be a catalyst
for further redevelopment within the broader Bayshore/Gateway Redevelopment Area, and
given the urban characteristics of this area, in addition to the specific deviations listed below,
additional deviations may be requested from any applicable dimensional or design standards
set forth in the LDC, excluding building height, utilizing the process and procedures set forth
in LDC Section 10.02.03.F, Site plan with deviations for redevelopment projects.
Deviations are as follows:
Architectural Standards:
1. Deviation from LDC 4.02.16.C.8.d.,which requires that residential uses be constructed
concurrent with, or prior to, the construction of commercial uses, to allow for
construction of residential uses without restriction as to timing of construction of
commercial uses.
2. Deviation from LDC 4.02.16.D.3.b., Frontage, which requires that the primary entrance
for any building be oriented to the street, to allow all primary project entrances to be
internal to the project via and internal courtyard, although additional primary and
secondary entrances may be located along US 41 or Davis Boulevard.
3. Deviation from LDC Section 4.02.16 D.71i., (Materials) which requires that mixed-use
building exteriors consist of wood clapboard, stucco finish, cement fiber board products,
brick, or stone, to include glass as an allowable external material.
4. Deviation from LDC Section 4.02.16 D.7.i.ii., which requires pitched roofs to be metal
seam (5v Crimp, standing seam or similar design), slate, copper, or wood shingles, to
include tile as an allowable material.
Landscape Standards:
5. Deviation from LDC 4.06.05.D.2.a., which limits the use of palm trees in a Type D
buffer to a maximum of 30% to allow for up to 70% of the required canopy trees to be
Royal Palm trees. Royal Palm trees shall be 25 feet in height, on average, with a
minimum height of 20 feet at the time of planting.
6. Deviation from Section 4.02.16. E.2.iii., which requires a minimum 10 foot wide Type
D buffer, meeting the design standards of section 4.06.02.C.4., to allow the buffer to be
reduced to a minimum of 6 feet in width where the buffer abuts a right l L111 de ne.
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ParkinjZ:
7. Deviation from LDC Section 4.05.04., Parking Space Requirements, which requires, for
cinema parking, 1 space for each 3 seats or 1 space per 40 square feet of seating areas,
whichever is greater plus 1 for each employee/non-spectator who will be present during
performances excluding those arriving by buses, to instead require 1 space for each 3
seats, plus 1 space for each employee of the largest shift, regardless of the floor or seating
area.
Open Space
8. Deviation from Section 4.07.02 G. 2., which requires at least 30 percent of the gross area
to be devoted to usable open space within PUD districts containing commercial,
industrial, and mixed use including residential, to allow for a minimum of 15 percent of
the gross area to be devoted to usable open space&is
intended t-o--facil-itato,publ-muse--and-gathering,-_including-but`ao ted to aye
f0ns, trellises__ nlanterfi. herchps�ia-w�3 7 �in�.�g{a�,
arid �g mo a g-faei d
Sim
9. Deviation from LDC Section 5.06.04 F.3, 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, 1
directory sign at one entrance on each public street, to allow shared Directory signs
between the Mini -Triangle MPUD development and the development immediately
adjacent to the west and/or the east on US 41. The shared Directory sign(s) will be
located west and/or east of the projects potential shared entrance(s) on Tamiami Trail
East (US 41). A shared sign may be located such that it is entirely on either parcel or
partially on both parcels, to the west and/or east as the ultimate condition for shared
entries may be. The sign(s) will meet all other applicable development standards set forth
in Section 5.06.04.F.3. In the event a shared Directory sign is permitted between the Mini
Triangle project and a project adjacent to the east and/or the west along Tamiami Trail
East (US 41), no other individual Directory sign shall be permitted along Tamiami Trail
East (US 41) for the projects sharing the Directory sign.
10. Deviation from Section 5.06.04.F.9., which establishes development standards for on -
premise directional signs and limits the number of such signs to a maximum of 4, to
allow for up to 6 on -premise directional signs within this MPUD, in accordance with all
other requirements set forth in Section 5.06.04. F.9.
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5. ALF/RETIREMENT COMMUNITY COMMITMENTS
If an ALF/Retirement Community is constructed within the Subdistrict, the
following provisions shall be required:
a. The Facility shall be for residents 55 years of age and older.
b. There shall be on-site dining for residents.
C. Group transportation services shall be provided for residents for purposes of
grocery and other types of shopping. Individual transportation services may be
provided for the residents' individual needs including but not limited to medical
office visits.
d. There shall be an on-site manager/activities coordinator to assist residents with
their individual needs. The manager/coordinator shall be responsible for
coordinating trips to off-site events as well as planning for lectures, movies,
music, and other forms of educational and entertainment activities for the
residents.
e. A wellness center shall be provided on-site. Exercise and other fitness programs
shall be provided for the residents.
f. Each unit shall be equipped to notify emergency services providers in the event of
a medical or other emergency.
g. Each unit shall be designed so that a resident can age in place. For example,
kitchens may be easily retrofitted to lower the sink to accommodate a wheel chair
bound resident or bathrooms may be retrofitted to add grab bars.
6. NAPLES AIRPORT AUTHORITY (NAA)
a. The developer shall record a restrictive covenant in the public records of Collier
County, limiting the maximum height of any building or other structure (including
rooftop appurtenances) to 160 feet above the established elevation of the Naples
Airport, which is a total height of 168 NAVD. The restrictive covenant shall be
recorded at the time of conveying the title of the property from the County to the
developer.
b. The Developer shall include, within any declaration of condominium within the
Subdistrict, a disclosure of proximity to the Naples Airport, and related common
noises and disturbances incident thereto.
C. The Developer shall comply with all stipulations of each FAA Determination of
No Hazard to Air Navigation issued on January 17, 2017, or as may be extended,
reissued or subsequently issued.
d. Any crane used for construction and/or maintenance shall first receive a FAA
Determination of No Hazard to Air Navigation and the applicant shall adhere to
any stipulations contained within any such FAA Determination of No Hazard.
t, �, 1Al5cd1 0jVne06
2• � �wFa•,� co ,Po.,ry
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