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Ordinance 2022-36 ORDINANCE NO. 2022- 3 6 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 18-25,THE MINI-TRIANGLE MIXED USE PLANNED UNIT DEVELOPMENT, TO DECREASE COMMERCIAL USES FROM 200,000 TO A MAXIMUM OF 130,000 SQUARE FEET WITH A MINIMUM OF 15,000 SQUARE FEET OF OFFICE USES AND A MINIMUM OF 30,000 SQUARE FEET OF OTHER COMMERCIAL USES; AND TO INCREASE MULTI-FAMILY DWELLING UNITS BY 114 UNITS FOR A MAXIMUM OF 491 DWELLING UNITS, ALL SUBJECT TO A TRAFFIC CAP; REMOVE THE MOVIE THEATRE USE; AND BY AMENDING THE MASTER PLAN. THE SUBJECT PROPERTY IS LOCATED NEAR THE SOUTHERN CORNER OF THE INTERSECTION OF DAVIS BOULEVARD AND TAMIAMI TRAIL EAST, WEST OF COMMERCIAL DRIVE IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5.35± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210001100] WHEREAS, on May 8, 2018,the Board of County Commissioners approved Ordinance No. 18-25,which created the Mini-Triangle Mixed Use Planned Unit Development("MPUD"); and WHEREAS, Metropolitan Naples, LLC, represented by Richard C. Grant, Esquire of Grant Fridkin Pearson, P.A. and Paula McMichael, AICP and Robert Mulhere, FAICP of Hole Montes,Inc.,petitioned the Board of County Commissioners to amend the MPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: Amendment to PUD Document. The PUD Document attached as Exhibits "A" through "G" to Ordinance No. 18-25, is hereby amended and replaced in accordance with the revised PUD Document, attached hereto as Exhibits"A"through"G"and incorporated by reference herein. [22-CPS-02207/1736661/1]50 Mini-Triangle/ PL20210001100 1 of 2 8/4/22 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. 2022-3'5 becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this tI, ,)( � day of ..ep4-C,-ri�C �' , 2022 ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER CO ' ' - r DA C.") 4", By: ..+•�::��' Attest as to Chairmlh "ty Clerk W 1 tam L. McDaniel,Jr.,Chairman signit►,rp nr►v... _ This ordinance filed weft the I �� !ertdary ofApproved as to form and legality: ay of and acknowledgement f that filing rec ived t is day /41 1 1 8 F eidi Ashton-Cicko Y c Managing Assistant County Attorney Attachments: Exhibit A—List of Permitted Uses Exhibit B—Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E—List of Deviations Exhibit F—Developer Commitments Exhibit G—Master Use and Conversion List [22-CPS-02207/1 73 666 1/1150 Mini-Triangle/ PL20210001100 2 of 2 8/4/22 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 ancillarycommercial uses, lex " theate- bowling n•� �p -, 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,or restaurants,er-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. b. Commercial Uses (see Table 1 for minimum and maximum square footage): 1. Hotels and transient lodging (7011). The term "transient lodging" 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 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP\MPUDA\Post CCPC'Mini-Triangle MPUD Document(PL-202I0001100)8-4-2022 v2.docx 2. Retail(5311-5399; 5411-5499 excluding the sale of live poultry;5611-5699;5712- 5736; 5912; 5921, excluding freestanding liquor stores but allowing a freestanding retail wine store; 5941- 5948; 5992 — 5999 excluding the sales of orthopedic and artificial limbs and monuments and tombstones.) 3. Eating and drinking establishments(5812 and 5813, excluding bottle clubs); 4. Movie Theatrc(multiplex)(7832); 34. Personal services (7212, 7231, 7241); 65. General and medical office (6111-6163; 6211-6289; 6311-6399 excluding health insurance for pets; 6411, 7311; 7371; 7373-7375; 8011- 8092, 8111; 8611-8699 excluding humane societies, animal; 8711-8748). 7.6. 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. 87. Indoor air-conditioned passenger vehicle and self-storage (4225). Other than passenger vehicle storage all other self storage components shall be limited in use to residents and commercial tenants of this MPUD. 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. 98. New or used car dealership limited to an interior showroom/display,plus delivery and warranty/repair bays (5511 and 5521), and further limited as follows: • No outdoor paging or amplified sound shall be permitted. • 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. • 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. • Used 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 roadway or a driveway internal to the project; overhead doors may be visible from any internal roadway or internal driveway only if a roll down security gate style door or a fully glazed overhead door is used. • Services doors must be designed to allow for closure and opened only for entry and exiting of vehicles, and not visible from the exterior of the building. • Off-loading of vehicles shall be 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. Page 2 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 1 0001 1 00)8-4-2022 v2.docx 449. Other(7933, 7991, 7999 limited to yoga instruction, and bicycle rental; 8412). 4410.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. Food trucks and mobile kiosks,subject to 5.04.05—Temporary Events,as applicable. III. Interim Use: The cell tower located within this MPUD at 2054 Davis Boulevard may remain in place and in operation as a permitted use until such time as the current lease expires or is terminated early by agreement of the parties of the lease and/or successors and assigns. IV.Prohibited Use: Any use meeting the definition of a sexually oriented business, as set forth in Ordinance No. 91-83, as amended, is prohibited. 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 Principal Uses, set forth in paragraph A.I., as applicable. Page 3 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-20210001 100)8-4-2022 v2.docx Table-4 CenernL Medieel Permitted-Uses O€Aee Assisted Gar �` betel Section r r Uses 2 Section A.I Living 4� Dealership (dwelling (rooms) 3 Use-6 (dwelling *tam* (square-feet) (square-feet) units) feet) -Minimum4-0-5NAarof-permitted-uses ;97900 r I1 A N/A N/A wi-r-l.b rough-5 3-7-7 �I 8 111,000 ute3 A.I.b.2 997000 of 6_9'44 30-099 8,4-54 through 9 Table 1 Density and Intensity Minimums and Maximums Permitted Uses ,assisted Living Multifamily Hotel Section A.I.b. Uses 2 through 5,and 7 (dwelling units) (dwelling units) (rooms) through 10 Use 6 (square feet) Minimum 105 N/A 45.000(See paragraph B.3.below) N/A 150(FAR of Maximum 491 228 130.000(See.paragraph B.3.below) 0.45) 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 200,000130,000 square feet of any combination of uses allowed in Section A.I.b., uses 2 through 5, and 67 and 8 through 1044, shall be permitted. The minimum required 45,000 square feet of uses identified in Table 1 above, shall include a minimum 15,000 square feet of office space, and the remaining minimum commercial square feet shall only be uses 2 through 5 and 9. 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 Page 4 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-20210001100)8-4-2022 v2.docx 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 3749045.000 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 5 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\20160528\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 1 0001 1 00)8-4-2022 v2.docx EXHIBIT B MINI-TRIANGLE MPUD DEVELOPMENT STANDARDS 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. PRINCIPAL STRUCTURES MIN.LOT AREA 20,000 s.f. MIN.LOT WIDTH 100 feet as measured by frontage on a public rieht-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 subiect to a minimum floor area requirement. MINIMUM YARDS ADJACENT TO A PUBLIC 20 feet,measured from the MPUD boundary as shown on the Master Plan. STREET ALL OTHER MPUD — 11 5 feet* PERIMETER YARDS MIN.DISTANCE BETWEEN 40 feet STRUCTURES j 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 * In the event additional properties adjacent to this MPUD are included in a unified plan of development/Site Development Plan, the required 5 foot setback and landscape buffer shall not be required, and the MPUD boundary to the adjacent property shall be disregarded. **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 Page 6 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP.MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 1 000 1 1 00)8-4-2022 v2.docx specifically listed in Table 1, parking shall be provided as required in the LDC except as otherwise provided for in Exhibit E. 2. Other: Within or along internal private driveways, parallel or angled parking may be provided. Page 7 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-20210001100)8-4-2022 v2.docx Z dWW LL k ai �W O< a ap O rn ( 0tyL) Z<zao 0 LL ~ o c) w oC< '0aOS M r)w 0 W U. 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H:\2016\20I6052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 1 0001 1 00)8-4-2022 v2.docx MINI-TRIANGLE MPUD LANDSCAPE AND ARCHITECTURAL CONCEPTUAL DESIGN SUPPLEMENT EXHIBIT C-1, SHEETS 1-9 Sheet 1: Conceptual Site Plan Sheet 2: Typical Street Front Elevation Sheet 3: Typical Street Front Plan View Sheet 4: Optional Street Front Elevation Sheet 5: Optional Street Front Plan View Sheet 6: Typical Garage Elevation Street View Sheets 7-9: Architectural Renderings Page 13 of 32 Words underlined are additions;Words struck through are deletions. H:\20I6\20I6052B\WP\MPUDA\Post CCPC1Mini-Triangle MPUD Document(PL-202 1000 1 1 00)8-4-2022 v2.docx LNllellLAI J" i t Of is ,Ii 4 . , .. 41 i 1 .. _y ° • ' W� ttiLifits. . i +fir i 1. • `� .§411L..................n• .a �... ' . OA 1 t r! 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I 1111 . - Page 22 of 32 \V.)rds underlind are additions: Words struck through are dzletioris H:\201 .: ,Posz('CPC\M in-triangle MIPUD Document(PL-202 1000 I I 00)8-4-2022 v2.(1,, EXHIBIT D MINI-TRIANGLE MPUD LEGAL DESCRIPTION PARCEL 1: LOTS 5 THROUGH 11, INCLUSIVE, OF TRIANGLE LAKE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 4,PAGE 38,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPTING THEREFROM THAT PORTION THEREOF PREVIOUSLY CONVEYED TO THE STATE ROAD DEPARTMENT OF THE STATE OF FLORIDA BY DEED OF CONVEYANCE RECORDED IN DEED BOOK 16,PAGES 163 AND 164, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LESS AND EXCEPTING: THOSE PORTIONS OF LOTS 5 AND 6, TRIANGLE LAKE, A SUBDIVISION IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 38, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 6; THENCE ALONG THE WEST LINE AND SOUTHERLY EXTENSION OF SAID LOT 6,SOUTH 00 DEGREES 33'46" EAST 245.26 FEET TO THE NORTHERLY EXISTING RIGHT OF WAY LINE OF STATE ROAD 90 (US41) (PER SECTION 03010-2116) FOR A POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY EXTENSION AND WEST LINE NORTH 00 DEGREES 33'46" WEST 24.82 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 47'18.3", AN ARC LENGTH OF 158.65 FEET, THE CHORD FOR WHICH BEARS SOUTH 53 DEGREES 53'54" EAST TO THE EAST LINE OF SAID LOT 5 AND THE END OF SAID CURVE;THENCE ALONG SAID EAST LINE AND SOUTHERLY EXTENSION SOUTH 37 DEGREES 59'11" WEST 20.01 FEET TO SAID NORTHERLY EXISTING RIGHT OF WAY LINE AND THE BEGINNING OF A 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 42'45.9", AN ARC LENGTH OF 143.17 FEET, THE CHORD FOR WHICH BEARS NORTH 53 DEGREE 51'48" WEST TO THE END OF SAID CURVE AND THE POINT OF BEGINNING. PARCEL 2 A LOT OR PARCEL OF LAND IN THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, LYING NORTH OF THE TAMIAMI TRAIL, OF SECTION 11 IN TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING SPECIFICALLY DESCRIBED AS FOLLOWS: FROM THE POINT OF INTERSECTION OF THE WEST BOUNDARY LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, LYING Page 23 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-20210001100)8-4-2022 v2.docx 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 FROM 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. PARCEL 3 Page 24 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP1MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202I0001100)8-4-2022 v2.docx A LOT OR PARCEL OF LAND IN THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, LYING NORTH OF TAMIAMI TRAIL, OF SECTION 11, TOWNSHIP 50 SOUTH OF RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING SPECIFICALLY DESCRIBED AS FOLLOWS: 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, 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 298.29 FEET ALONG THE 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 NORTHEASTERLY AND RUN 338.2 FEET, THENCE DEFLECT 113 DEGREES 30'10" FROM NORTHEASTERLY TO NORTHWESTERLY AND RUN 107.18 FEET THENCE DEFLECT 66 DEGREES 29'50" FROM NORTHWESTERLY TO SOUTHWESTERLY AND RUN 295.46 FEET TO THE SAID NORTHEASTERLY RIGHT OF WAY LINE OF SAID TAMIAMI TRAIL, THENCE IN A SOUTHEASTERLY DIRECTION RUN 98.29 FEET ALONG THE SAID NORTHEASTERLY RIGHT OF WAY LINE TO THE POINT OF BEGINNING. PARCEL 4 LOT 4,TRIANGLE LAKE SUBDIVISION AS PLATTED AND RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, IN PLAT BOOK 4, PAGE 38. PARCELS 3 AND 4 LESS AND EXCEPT: THAT PORTION OF LOT 4,TRIANGLE LAKE,A SUBDIVISION,AS PER PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 38, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,AND THAT PORTION OF THE NORTHWEST 1/4, ALL BEING IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST. 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 LINE 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 00 DEGREES 31'43", AN ARC LENGTH OF 105.72 FEET, THE CHORD OF WHICH BEARS SOUTH 53 DEGREES 46'16" EAST TO THE END OF SAID CURVE, THENCE NORTH 36 DEGREES 29'35" EAST, 50.00 FEET TO THE INTERSECTION OF THE SOUTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 4 AND THE NORTHERLY EXISTING RIGHT OF WAY LINE OF SAID STATE ROAD 90(US 41)(PER SECTION 03010-2116)FOR A POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY EXTENSION AND SAID WEST LINE NORTH 37 DEGREES 59'11" EAST, 20.01 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 DEGREE 44'11.6",AN ARC LENGTH OF 148.21 FEET, THE CHORD FOR WHICH BEARS SOUTH 53 Page 25 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\201605213\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 10001 1 00)8-4-2022 v2.docx DEGREES 08'09" EAST TO THE END OF SAID CURVE; THENCE SOUTH 37 DEGREES 59'11"WEST,20 FEET TO SAID NORTHERLY EXISTING RIGHT OF WAY LINE AND THE BEGINNING OF A 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 DEGREES 44'16.2", AN ARC LENGTH OF 148.21 FEET, THE CHORD FOR WHICH BEARS NORTH 53 DEGREES 08'16" WEST TO THE END OF SAID CURVE AND THE POINT OF BEGINNING. PARCEL 5: LOTS 12, 13, 14, AND 15, TRIANGLE LAKE SUBDIVISION, AS PLATTED AND RECORDED IN PLAT BOOK 4, PAGE 38, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. OVERALL ACREAGE = 233,058.41 SQUARE FEET OR 5.35 ACRES, AS MEASURED/CALCULATED. Page 26 of 32 Words underlined are additions;Words struck through are deletions. H:\20I6\2016052n\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-2021000I I00)8-4-2022 v2.docx 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 .ir 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.7.i.i., (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.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. Page 27 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 1 0001 1 00)8-4-2022 v2.docx Parking" cinema parking. I space for eae . . Open Space 87. 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. Signs 98. 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. 4-09. 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. Page 28 of 32 Words underlined are additions;Words struck through are deletions. H:\20I6\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 10001 1 00)8-4-2022 v2.docx EXHIBIT F MINI-TRIANGLE MPUD LIST OF DEVELOPER COMMITMENTS 1. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for MPUD monitoring until close-out of the PUD,and this entity shall also be responsible for satisfying all MPUD commitments until close-out of the MPUD. At the time of this MPUD approval, the Managing Entity is Real Estate Partners International, LLC. 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, 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 convey tracts, the Managing Entity shall provide written notice to the County that includes an acknowledgement of the commitments required by the MPUD by the new owner and the new tract-owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section. When the MPUD is closed out,then the Managing Entity is no longer responsible for the monitoring and fulfillment of MPUD commitments. 2. TRANSPORTATION a. Maximum Total Daily Trip Generation In no case shall the maximum Net New Trip generation exceed 628 two-way PM peak hour adjusted 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. b. Transit Stops/Shelter The Owner shall provide easements to Collier County in a form acceptable to Collier County to accommodate 2 transit stops,one on the project's frontage on US 41 and one on the project's frontage on Davis Boulevard. As part of the site improvements authorized by the initial Site Development Plan, the Developer/Owner shall, at its sole expense, install a shelter and related site improvements for the transit stop located on the project's US 41 frontage, utilizing a design consistent with established CAT architectural standards or consistent with project architectural standards (i.e. similar to recently constructed Naples Airport Authority CAT stops developed in theme with NAA architectural standards). Additionally, the Owner shall convey to the County an easement to relocate the existing undeveloped transit stop on Davis Boulevard from in front of the Trio site to this MPUD site. The easement will be similar in size to the US Page 29 of 32 Words underlined are additions;Words struck through are deletions. H:12016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 1 0001 1 00)8-4-2022 v2.docx 41 transit stop easement. The easement will be conveyed free and clear of all liens and encumbrances and at no cost to the County. If Collier County decides to improve the Davis Boulevard transit stop (with shelter and related site improvements), it will be done in an architectural theme consistent with the US 41 stop location. Any part of the required landscape buffer vegetation displaced by the CAT stop improvements shall be disbursed elsewhere within the PUD. The exact location and conveyance of such easements and the specifications for the shelter shall be finalized prior to the initial Site Development Plan approval. At the Developer's/Owner's option, a unique design consistent with the project architecture may be utilized. 3. UTILITIES a. At the time of approval of this MPUD,Collier County Utilities Department has verified that there is adequate sewer capacity to serve this project; however,at the time of initial subdivision plat and/or Site Development Plan (SDP), as the case may be, offsite improvements and/or upgrades to the wastewater collection/transmission system may be required to adequately handle the total estimated peak hour flow. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined during the subdivision plat and or SDP review. Such improvement and/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades. b. The Mini Triangle MPUD is located within the City of Naples potable water services area. The City of Naples Utilities Department has verified that there is adequate potable water capacity to serve this project. Prior to approval of a subdivision plat or SDP, the Developer shall provide written documentation that the development plans for the plat or SDP, as the case may be, have been reviewed and approved by the City of Naples Utility Department with respect to the provision of potable water service to the project. 4. EMERGENCY MANAGEMENT The developer shall provide the Emergency Management Division with a 45kw towable diesel, quiet running, multi-phase, multi-voltage generator to be used at other hurricane evacuation shelter sites as a one-time hurricane mitigation effort. Emergency Management will provide approved specifications to the developer who will deliver the generator to Emergency Management, with all necessary warranty and manuals, new and tested for immediate operation as well as a certificate of origin for over the road towing, tags, registration, etc. The one-time generator contribution will be provided at the time of the first residential certificate of occupancy. Page 30 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-2021000I 100)8-4-2022 v2.docx 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, using the Naples Municpal Airport Agreement and Declaration of Height Restrictions and Covenants in a form approved by the Naples Airport Authority, in the public records of Collier County, that stipulates: i. The maximum height of any building or other structure (including rooftop appurtenances) shall not exceed_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, 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." Page 31 of 32 Words underlined are additions;Words struck through are deletions. H:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 10001 1 00)8-4-2022 v2.docx iii. The Developer shall comply with all stipulations of each FAA Determination of No Hazard to Air Navigation issued on January 20,2017, 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. 7. MISCELLANEOUS a. 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 of 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 undertake actions that result in a violation of the state or federal law. b. All other applicable state or federal permits must be obtained before commencement of the development. Page 32 of 32 Words underlined are additions;Words struck through are deletions. 14:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 1 000 1 1 00)8-4-2022 v2.docx c#.I%If %Ili, J : t x 5 /'AIV FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State October 6, 2022 Martha S. Vergara, BMR & VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Martha Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of corrected Collier County Ordinance No. 2022-36, which was filed in this office on October 6, 2022. Sincerely, Anya Owens Program Administrator ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270