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Backup Documents 09/27/2022 Item #17C 17C PL20210001100 & PL202110001101 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Ad: The advertisement must be a'/,page(3x10)advertisement,and the advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Originating Dept/Div: GMD/Zoning, Person:Sue Faulkner, Principal Planner Date:August 23,2022 Timothy Finn, Principal Planner Petition No.(If none,give a brief description): PL20210001101 &PL20210001100 Petitioner: (Name&Address): Hole Montes,Inc. Stephanie Karol 950 Encore Way Naples,FL 34110 Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) Hearing before: X BCC BZA Other Requested Hearing date:Collier County Board of County Commissioners(BCC)at 9:00 A.M.,September 27,2022, (Based on advertisement appearing 20 days before hearing). Newspaper(s)to be used:(Complete only if important): xxx Naples Daily News Account#323534 Other Legally Required Purchase Order No.4500212968 Proposed text:(include legal description&common locations&size): Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138326-649100-00000 Revd By: f[ Date: (2.6/ZOTA— . Division A inistrator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to the County Manager.Note:if legal documents are involved,be sure that any necessary legal review,or request for same,is submitted to the County Attorney before submitting to the County Manager.The County Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK'S OFFICE Q � Date Received8.14 'Zi2 Date of Public Hearing i l�Z j'Date Advertised —l.".1�ZZ 17C Ann P. Jennejohn From: Ann P. Jennejohn Sent: Friday, August 26, 2022 1:20 PM To: 'YoungbloodAndrew' Cc: GMDZoningDivisionAds; FaulknerSue; FinnTimothy; RodriguezWanda; BradleyNancy Subject: RE: 9/27 BCC ad request Mini-Triangle GMPA & PUDA (PL20210001101 & 20210001100) Hello agaivt, This was just sevtt to NDN, I'll forward your proof a.s.a.p. Thavtk you! Ann Jennejohn T3MR Sevtior Deputy Clerk II ��,.�Ttek Clerk to the Value Adjustw►evtt Board'�` Office: 239-252-8406 Fax: 239-252-8408 (if applicable) Alain..JevunejokuA@CollierCierk.com fr c Office of the Clerk of the Circuit Court ¢•��'�"K & Comptroller of Collier Courtty 3299 TatAniavvii Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.com From:YoungbloodAndrew<Andrew.Youngblood@colliercountyfl.gov> Sent: Friday, August 26, 2022 11:25 AM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; FaulknerSue <Sue.Faulkner@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; Stephanie Karol <StephanieKarol@hmeng.com>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy <Nancy.Bradley@colliercountyfl.gov> Subject: 9/27 BCC ad request Mini-Triangle GMPA & PUDA(PL20210001101 & 20210001100) Good morning, M&R Team! 1 17C NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCES Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC)at 9:00 A.M.on September 27,2022,in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299 East Tamiami Trail,Naples,FL to consider: 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 BY AMENDING THE MINI- TRIANGLE MIXED USE SUBDISTRICT OF THE URBAN MIXED USE DISTRICT TO DECREASE COMMERCIAL USES FROM 200,000 TO 130,000 AND TO INCREASE MULTI-FAMILY DWELLING UNITS BY 114 UNITS FOR A MAXIMUM OF 491 DWELLING UNITS, ALL SUBJECT TO A TRAFFIC CAP;AND REMOVE MOVIE THEATRE AND BOWLING CENTER USES.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, 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. [PL20210001101] AND 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 SQURAE FEET OF OFFICES USES AND A MINIMUM OF 30,000 SQUARE FEET OF OTHER COMMERCIAL USES; AND TO INCRASE 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]. (insert map) Copies of the proposed Ordinances are on file with the Clerk to the Board and are available for inspection.All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten(10)minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of three (3) weeks prior to the respective public hearing, In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the 17C County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues.For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two(2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA WILLIAM L.MCDANIEL,JR., CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: /s/ Deputy Clerk(SEAL) I sic ,H.. Li) 0 . , . ..... ... . , , •_, ,,,:, 2 Ns, 0_ 0 .1 .1 . ____ C k , CommerôiaI Dm >1. . „_,,,, i i , """ ..... . co , 0 (4,..,/ , ._ > k . RS CI 1 e . . , ,_.„„.„ _ . j "..4644, A.,,-6" _ _ / HJ „._ $andpiper �( 17C ORDINANCE NO. 2022- 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-CP8-02207/1736661/1150 Mini-Triangle/ PL20210001100 1 of 2 8/4/22 17C SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this day of , 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL,CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk William L. McDaniel, Jr., Chairman Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney 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/I 736661/1]50 Mini-Triangle/ PL20210001100 2 of 2 8/4/22 17C 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 officer or restaurants.,or multiplex theatef 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-20210001100)8-4-2022 v2.docx 17C 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); 1. Movie Theatre (multiplex) (7832); .54. 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). 76. 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. 47. 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 1000 1 1 00)8-4-2022 v2 docx 17C 4-09. Other (7933, 7991, 7999 limited to yoga instruction, and bicycle rental; 8412). 41-10.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-202 1000 1 1 00)8-4-2022 v2 docx 17C Table r Dermitt,mac.!Uses Ofilee Assisted Cat Multifamily Hotel Section A.I.b. Uses 2 Sec.: x r b. hiving Sel Storage Dealership (dwelling (rooms) through-5 Use-6 (dwelling (square-feet) (squa-Fe (square-fee) (square-feet) auks) feet) -Minimum 105 N/A 37,000 of at least two N/A N/A N/A of permitted uses 30,000 A.I.b.2 through 5 150(FAR of -Maximum 377 228 111,000 uses A.I.b.2 907000 n�c) 60;000 30;000 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 N/A 45,000(See paragraph B.3.below) 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-202 1000 1 1 00)8-4-2022 v2.docx a I U 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 37,000/15,000 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\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 1 000 1 1 00)8-4-2022 v2 docx 4 ITC 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 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 boundary as shown on the Master Plan. 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 * 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: I. 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-20210001100)8-4-2022 v2.docx 17C 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. 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H:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 1 000 1 1 00)8-4-2022 v2.docx 17C 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:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 1000 1 1 00)8-4-2022 v2.docx 17C „w,.I_..u.. - 4- ..::.ii.', ',., - ;It . iiii 4/1 l ttc* imi,-,•; - ° eopti„ Ari. -�J IL a CI .' • CLsv U I+ in a O r .. �'• r4 ! = p U It. IA 6. * - � 1 r!"'" g g m �3 ., �" lit E 0 n. a �P JamI-- ) ZYJ K �, " , .. f UJ - c it ri Page 14 of 32 Words underlined are additions;Words struck through are deletions. 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H\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-20210001100)8-4-2022 v2 docx I, 7C �'"'`s � r- , Ft .. •:, i if 4 O ••• 1 14110416, t*.: Z : I Z N •. i 1 44 ,/ , ill M a f w Ur U ID -4= w t 0) w CO cc i inWIw co o - I : I : . -...• 41 W ems a ii Q • K CD ;41 U CZ 'i S V Q it, ct ,.._ z ._ 2 Q w Q ir1 Page 19 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 4 it 1 7 C ... ,.. ., , . ... .. . , ...., e , illt, .* : .4, • ilr I • v I. 41.1/4... .. 'f't I .. i. 41,,pt lir' _ • it, I i , .• b .,, s*,.....4., . •. II ... ' p 14 .• 1 el:. ' t• t'? via- t . ptisr. , 4 S' ' - 4111, 4•,', 4 i• • - ;tifrj ..ik.. \ •.., . ; , 444 •11.:1, 1 r.' '- - V lb* . q'''.' 440• I \ 1i , -t 1 . ___ * f•— e•k C ly.. , _•ti:,-..' `.. ii,•.......I...-•; • I 1 s k, -4_1_ 41,/ tr N. 5/3 ..."1-.•!I „ . - ' ,..."' 1 t-_,... Vi, . l•S 'I h ia.- T'Co \ ,,... fa- ; A. 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H.\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-20210001100)8-4-2022 v2.docx 17C 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-202 10001 1 00)8-4-2022 v2.docx 17C 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\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 1000 1 1 00)8-4-2022 v2.docx 17C 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\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-20210001100)8-4-2022 v2.docx 17C 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:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 1000 1 1 00)8-4-2022 v2.docx 17C 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.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-20210001100)8-4-2022 v2.docx 17C Pafking 7. Deviation from LDC Section 1.05.01., Parking Space Requirements, which requires, for , 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 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. 1-09. 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.\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 1000 1 1 00)8-4-2022 v2.docx 17C 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:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-20210001100)8-4-2022 v2.docx I 7 C 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-20210001100)8-4-2022 v2.docx 17C 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 1000 1 1 00)8-4-2022 v2.docx 17C 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. H:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document(PL-202 1 000 1 1 00)8-4-2022 v2.docx 17C ORDINANCE NO. 2022- 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 BY AMENDING THE MINI- TRIANGLE MIXED USE SUBDISTRICT OF THE URBAN MIXED USE DISTRICT TO DECREASE COMMERCIAL USES FROM 200,000 TO 130,000 AND TO INCREASE MULTI-FAMILY DWELLING UNITS BY 114 UNITS FOR A MAXIMUM OF 491 DWELLING UNITS, ALL SUBJECT TO A TRAFFIC CAP; AND REMOVE MOVIE THEATRE AND BOWLING CENTER USES. 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, 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. [PL20210001101] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Metropolitan Naples, LLC requested an amendment to the Future Land Use Element; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or a rural area of economic opportunity formerly rural area of economic concern; and [22-CMP-01120/1736656/1]69 1 of 3 Mini-Triangle SSGMPA PL20210001101 8/4/22 Words underlined are added,words 41%6k-through are deleted. WHEREAS, the Collier County Planning Commission (CCPC) on August 4, 2022 considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element of the Growth Management Plan on ; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Future Land Use Element in accordance with Section 163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit"A"and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after Board adoption. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. [22-CMP-01120/1736656/1]69 2 of 3 Mini-Triangle SSGMPA PL20210001101 8/4/22 Words underlined are added,words stwelE-thfough are deleted. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk William L. McDaniel, Jr., Chairman Approved as to form and legality: F ti N ;h`-ti Heidi Ashton-Cicko, Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment [22-CMP-01120/1736656/1169 3 of 3 Mini-Triangle SSGMPA PL202 10001101 8/4/22 Words underlined are added,words stcichrough are deleted. 17C EXHIBIT A MINI-TRIANGLE MIXED USE SUBDISTRICT GMPA FUTURE LAND USE ELEMENT *** *** *** *** *** *** *** *** *** *** *** *** *** FUTURE LAND USE DESIGNATION DESCRIPTION SECTION *** *** *** *** *** *** *** *** *** *** *** *** *** I.URBAN DESIGNATION *** *** *** *** *** *** *** *** *** *** *** *** *** A.Urban Mixed Use District: *** *** *** *** *** *** *** *** *** *** *** *** *** 19. Mini Triangle Mixed Use Subdistrict The Mini Triangle Subdistrict is 5.35 acres in size and is located within the Bayshore/Gateway Triangle Redevelopment Overlay of this GMP. The purpose and intent of the Mini Triangle Subdistrict, as a subset of the Bayshore/Gateway Triangle Redevelopment Overlay, is to further the goals of the Collier County Community Redevelopment Area (CRA) as stated in the adopted Bayshore Gateway Triangle Redevelopment Plan (approved on June 13, 2000 by Resolution No. 2000-181). In particular, Section 5.7 of the Community Redevelopment Plan identifies the Triangle Area as a "Mixed Center/Corridor Development Concept". The intent of the Plan related specifically to the Mini Triangle area is to create a mixed use "Catalyst Project" (or projects) that will foster the revitalization of the surrounding Gateway Triangle area. In order to facilitate the development of a Catalyst Project and further the intent of the Community Redevelopment Plan, this Subdistrict provides for greater intensity, density, and flexibility in applicable Site Design and Development Standards. In order to accomplish this greater intensity, density, and flexibility in applicable Site Design and Development Standards,the Mini Triangle Subdistrict shall be rezoned to a Mixed Use Planned Unit Development (MPUD). Development within the Mini Triangle Subdistrict shall be subject to the following: a. A maximum of 377 491 multi-family residential units may be permitted. b. A maximum of 228 hotel suites/rooms(or other transient lodging uses including but not limited to interval ownership or vacation rental suites)may be permitted. c. A maximum of 200,000 130,000 square feet of any combination of the following commercial uses may be permitted: 1. Retail; 2. Eating and drinking establishments; 3. ,pPhysical fitness facilities,yoga studio, bicycle rental and museums and art galleries; 4. Personal services; Page 1 of 2 Words underlined are additions;Words struck through are deletions. 6/28/2022 PL202 1000 1 1 0 1 17C 5. General and medical offices; 6. Indoor Air-conditioned passenger vehicle and/or self storage,not to exceed 60,000 square feet (SIC Code 4225); 7. New or Used Car Dealerships,not to exceed 30,000 square feet in total(SIC Codes 5511 and 5521); and, 8. Any other principal use which is comparable in nature with the forgoing list of permitted principal uses. d. A maximum of 150 Assisted Living Facilities (ALF) units may be permitted, subject to a maximum floor area ratio of 0.45. e The MPUD shall establish a maximum trip capacity("Trip Cap") for the Mini Triangle MPUD based upon"Net New Trips". The term Net New Trips means the projected PM peak hour trips generated by anticipated development within the Mini Triangle Subdistrict, reduced by pass-by trips and internal capture.The Trip Cap establishes the overall limitation on the intensity and density of any combination of uses. f. In order to ensure a mixed use development,the MPUD shall establish the minimum required number of multi-family residential units, the minimum required square footage of a combination of the commercial uses 1. through 46. in paragraph ed,above, and the minimum required square footage for general/medical office. g. The MPUD shall establish a date, timeframe, or condition by which the minimum requirements in paragraph f., shall be constructed. This date, timeframe or condition shall not be construed to limit approval of a Site Development Plan(SDP)or related amendment(s)thereto,nor the installation of any site related infrastructure or other site improvements depicted thereon, including but not limited to site access,sewer and water lines and facilities,stormwater facilities,surface parking,landscaping,signage, and fence or walls. h. Development within this Subdistrict shall be subject to the provisions of LDC Section 4.02.16—Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area, as applicable, except in the case of building height,which may exceed the maximum allowable height established in Section 4.02.16,as well as any deviations from the applicable provisions of Section 4.02.16,as may be approved as part of the MPUD. Page 2 of 2 Words underlined are additions;Words struck through are deletions. 6/28/2022 PL20210001101 17C NDN Acct #323534 August 26, 2022 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PL20210001101 & PL20210001100 (Display w/MAP) Dear Legals: Please advertise the above referenced Notice w/Map (NOT to be placed in the Classified Section of the paper) on Wednesday, September 7, 2022, and send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500212968 t7C NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCES Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on September 27, 2022, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center,3299 East Tamiami Trail,Naples,FL to consider: 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 BY AMENDING THE MINI- TRIANGLE MIXED USE SUBDISTRICT OF THE URBAN MIXED USE DISTRICT TO DECREASE COMMERCIAL USES FROM 200,000 TO 130,000 AND TO INCREASE MULTI-FAMILY DWELLING UNITS BY 114 UNITS FOR A MAXIMUM OF 491 DWELLING UNITS, ALL SUBJECT TO A TRAFFIC CAP;AND REMOVE MOVIE THEATRE AND BOWLING CENTER USES.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, 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. [PL20210001101] AND 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 SQURAE FEET OF OFFICES USES AND A MINIMUM OF 30,000 SQUARE FEET OF OTHER COMMERCIAL USES; AND TO INCRASE 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]. (insert map) Copies of the proposed Ordinances are on file with the Clerk to the Board and are available for inspection.All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three(3)minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten(10)minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of three (3) weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the 17C public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two(2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA WILLIAM L.MCDANIEL,JR., CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER By: Ann Jennejohn Deputy Clerk(SEAL) I . O 1[..] __ d Y a` � III 0 i , �o mme rcial D imilipp /,, !„ _____/ ,,,,,/,,,,, .„„___ c> k o ke-/ 1 1 0 , ' ----N. v (4_,... Ol`` ______ .„_. ai , : //__L11 0 i,,,„.. . . ' ' . , , i . \\\, 1 . / _____ ,. ......... r i y,/!lhl Sandpiper ST ' 17C Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, August 26, 2022 1:44 PM To: Naples Daily News Legals Subject: PL20210001101 & PL20210001100 (Display w/MAP) Attachments: PL20210001101 & PL20210001100 (BCC 9-27-22).dot; PL20210001101 & PL20210001100 (BCC 9-27-22).docx; PL20210001101 & PL20210001100 (BCC 9-27-22).pdf Good Afternoon, Please advertise the attached (w/MAP) on Wednesday, September 7, 2022. The advertisement must be a 1/4 (3x10) page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Thank you! Ann Jennejohn 13MR Senior Deputy Clerk It �aTirh.kr Clerk to the Value Adjustment Board ¢���,� Office: 239-252-84o , Fax: 239-252-8408 (if applicable) • Ann.Jennejohn@CollierClerk.com r 5,• Office of the Clerk of the Circuit Court Comptroller of Collier County 3299 Tamiami Trail, Suite #4O1 Naples, FL. 34112-5324 www.CollierClerk.com i 17C Ann P. Jennejohn From: noreply@salesforce.com on behalf of Jennifer Dewitt <jldewitt@designiq.com> Sent: Friday, September 2, 2022 10:52 AM To: ganlegpubnotices4@gannett.com; Ann P.Jennejohn Subject: PL20210001101 & PL20210001100 (Display w/MAP) Attachments: adGC10938202rev.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello, We have your proof ready for your review (attached), please see the ad run details below as well- Ad#-GC10938202 Publication - naples news Section - Main/ROP Size - 1/4 page Run Date(s) -9/7 Affidavit-YES Total-$1,008.00 Please let me know any needed updates/changes or if this can be approved as is. Please Note:The deadline for approval is 9/6/2022 3:00 PM EST. Thank You Jennifer DeWitt Account Coordinator I SMB-Classifieds E" jldewitt@gannett.com ref:_00DE0J6ks._5002S1UuBp8:ref 1 NOTICE OF PUBLIC HEARING 1 7 C NOTICE OF INTENT TO CONSIDER AN ORDINANCES Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners(BCC)at 9:00 A.M.on September 27,2022,in the Board of County Commissioners Meeting Room,Third Floor,Collier Government Center,3299 East Tamiami Trail,Naples,FL to consider: 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 BY AMENDING THE MINI-TRIANGLE MIXED USE SUBDISTRICT OF THE URBAN MIXED USE DISTRICT TO DECREASE COMMERCIAL USES FROM 200,000 TO 130,000 AND TO INCREASE MULTI-FAMILY DWELLING UNITS BY 114 UNITS FOR A MAXIMUM OF 491 DWELLING UNITS,ALL SUBJECT TO A TRAFFIC CAP;AND REMOVE MOVIE THEATRE AND BOWLING CENTER USES. 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, 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. [PL20210001101] AND 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 OFFICES 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]. thq1,FS Davis BLVD Project Location d 3 _ �_i_,_ .�I CD F su �� : o <- 0 e I L llij ? L. Copies of the proposed Ordinances are on file with the Clerk to the Board and are available for inspection.All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten(10)minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of three(3)weeks prior to the respective public hearing.In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely,as well as in person,during this proceeding.Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/ our-county/visitors/calendar-of-events after the agenda is posted on the County website.Registration should be done in advance of the public meeting,or any deadline specified within the public meeting notice.Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk.The County is not responsible for technical issues.For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two(2)days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA WILLIAM L.MCDANIEL,JR., CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Ann Jennejohn Deputy Clerk(SEAL) ND-GCI0938202 17 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, September 2, 2022 10:58 AM To: GMDZoningDivisionAds; 'YoungbloodAndrew' Cc: FaulknerSue; FinnTimothy; RodriguezWanda; BradleyNancy Subject: FW: PL20210001101 & PL20210001100 (Display w/MAP) (BCC 9-27-22) Attachments: adGCI0938202rev.pdf For your review for approval. Thavtk you! Ann JenneJolin 13MR Senior Deputy Clerk II �;tTttkk0 Clerk to the Value Adjustment Board `f;, Office: 239-252-8406 Fax: 23,-252-8408 (if applicable) Avwt.Jemejohvi@CollierClerk.cotnn , �`. Office of the Clerk of the Circuit Court •-'`"�`t'ty & Comptroller of Collier County 3299 Tawtiawti Trail, Suite #4O1 Naples, FL 34112-5324 www.CollierClerk.cowt noreply@salesforce.com <noreply@salesforce.com> On Behalf Of Jennifer Dewitt Sent: Friday, September 2, 2022 10:52 AM To:ganlegpubnotices4@gannett.com; Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: PL20210001101 & PL20210001100 (Display w/MAP) External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello, We have your proof ready for your review(attached), please see the ad run details below as well- Ad#-GC10938202 Publication - naples news Section - Main/ROP Size - 1/4 page Run Date(s) -9/7 Affidavit-YES Total - $1,008.00 Please let me know any needed updates/changes or if this can be approved as is. Please Note:The deadline for approval is 9/6/2022 3:00 PM EST. 1 17C Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, September 2, 2022 12:07 PM To: 'Jennifer Dewitt' Subject: RE: PL20210001101 & PL20210001100 (Display w/MAP) Please vvtake a revision to the title NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN:ORDINANCES Titavtk you! Ann Jenne,jotin 13MR Senior Deputy Clerk II 00•0<Yh:k Clerk to the Value Adjustwtevtt Board Office: 23q-252-8406 Fax: 23q-252-8408 (if applicable) Avtivt.Jennejotivt@CollierClerk.com r Office of the Clerk of the Circuit Court & Comptroller of Collier County 32gq Tawtiawti Trail, Suite #4O1 Naples, FL- 34112-5324 www.CollierClerk.cowl From: noreply@salesforce.com <noreply@salesforce.com> On Behalf Of Jennifer Dewitt Sent: Friday, September 2, 2022 10:52 AM To:ganlegpubnotices4@gannett.com; Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: PL20210001101 & PL20210001100 (Display w/MAP) External Message: Please use caution when opening attachments, clicking links, or replying to this message. 17C Ann P. Jennejohn From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Friday, September 2, 2022 11:06 AM To: Ann P.Jennejohn; Minutes and Records Cc: FaulknerSue; FinnTimothy; GMDZoningDivisionAds;YoungbloodAndrew Subject: revision request RE: PL20210001101 & PL20210001100 (Display w/MAP) (BCC 9-27-22) Ann, Please ask the NDN to remove the word "an" from the header as shown below, and send us a revised proof: NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER Aft ORDINANCES Thank you, `Wanda Rodriguez, MCP, CP.IvI Office of the County .Attorney (239) 252-8400 �iurlfrtr maws a S0iI s ACV A c COWER CONY SINCE Certified Public Manager <R..i OefbA.�y2005 From:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Sent: Friday, September 2, 2022 10:58 AM To:GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov> Cc: FaulknerSue<Sue.Faulkner@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfi.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov> Subject: FW: PL20210001101 & PL20210001100(Display w/MAP) (BCC 9-27-22) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. For your review For approval. i 17c Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, September 2, 2022 12:15 PM To: GMDZoningDivisionAds; 'YoungbloodAndrew' Cc: FaulknerSue; FinnTimothy; RodriguezWanda; BradleyNancy Subject: FW: PL20210001101 & PL20210001100 (Display w/MAP) Attachments: adGCl0938202rev.pdf Revised. Thank you. Ann Jennejohn 13MR Senior Deputy Clerk II <a.k, Clerk to the Value Adjustment Board 4'-,, Office: 239-252-s406 Fax: 239-252-8408 (if applicable) . Avtvt.Jevtvtejohn@Coll ierCl erk.covn '7, Office of the Clerk of the Circuit Court �,�s�"''�.tt' & Comptroller of Collier County 3299 Tawtiawti Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.cowt From: DeWitt,Jennifer<jldewitt@designiq.com> Sent: Friday, September 2, 2022 12:11 PM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: RE: PL20210001101 & PL20210001100 (Display w/MAP) External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello, We have your proof ready for your review(attached), Please let me know any needed updates/changes or if this can be approved as is. Please Note:The deadline for approval is 9/6/2022 3:00 PM EST. Thank You Jennifer DeWitt 1 17C Ann P. Jennejohn From: FaulknerSue <Sue.Faulkner@colliercountyfl.gov> Sent: Friday, September 2, 2022 12:49 PM To: Ann P. Jennejohn; GMDZoningDivisionAds;YoungbloodAndrew Cc: FinnTimothy; RodriguezWanda; BradleyNancy Subject: RE: PL20210001101 & PL20210001100 (Display w/MAP) Approved. Thanks,Ann 5tig. gad/LA, atinclfw.G ninny/T. , , 3 ) Collier County Growth Management Department Zoning Division, Comprehensive Planning Section 2800 North Horseshoe Drive, Naples, FL 34104 Sue.Faulkner@colliercountyfl.gov phone: 239-252-5715; E-fax: 239-252-2838 ROUILYONNO COWERCOUNTY SICK Website: www.colliercountyfl.gov Collier County Motto: "To exceed expectations." Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning From:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Sent: Friday, September 02, 2022 12:15 PM To:GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>;YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov> Cc: FaulknerSue <Sue.Faulkner@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov> Subject: FW: PL20210001101 & PL20210001100(Display w/MAP) EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Revised. Thavtk you. i 17C Ann P. Jennejohn From: FinnTimothy <Timothy.Finn@colliercountyfl.gov> Sent: Friday, September 2, 2022 1:32 PM To: Ann P.Jennejohn; GMDZoningDivisionAds; YoungbloodAndrew Cc: FaulknerSue; RodriguezWanda; BradleyNancy Subject: RE: PL20210001101 & PL20210001100 (Display w/MAP) Approved From:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Sent: Friday, September 2, 2022 12:15 PM To:GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov> Cc: FaulknerSue <Sue.Faulkner@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov> Subject: FW: PL20210001101 & PL20210001100(Display w/MAP) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Revised. Thank you. Ann Jenne,jotin 13MR Senior Deputy Clerk II ` iy.tr<Yk:,,r4 Clerk to the Value Adjustment Board Office: 239-252-840(0 Fax: 239-252-8408 (if applicable) Avtvt.Jevtvte joht4@CollierClerk.com rtt Office of the Clerk of the Circuit Court ibmr..+��r� & Comptroller of Collier County 3299 Tawtiawi Trail, Suite #4O1 Naples, FL 34112-5324 www.Coll ierClerk.cowt From: DeWitt,Jennifer<ildewitt@designiq.com> Sent: Friday, September 2, 2022 12:11 PM 1 17C Ann P. Jennejohn From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Sent: Tuesday, September 6, 2022 8:27 AM To: Ann P.Jennejohn; GMDZoningDivisionAds Cc: FaulknerSue; FinnTimothy; RodriguezWanda; BradleyNancy; Minutes and Records Subject: RE: PL20210001101 & PL20210001100 (Display w/MAP) Attachments: RE: PL20210001101 & PL20210001100 (Display w/MAP); RE: PL20210001101 & PL20210001100 (Display w/MAP); Re: PL20210001101 & PL20210001100 (Display w/MAP) (BCC 9-27-22) We have approval from planners and applicant. Andrew Youngblood, MBA Operations Analyst Zoning Division Cl tier County 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 andrew.youngblood(cr7colliercountyfl.gov From:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Sent: Friday, September 2, 2022 12:15 PM To:GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov> Cc: FaulknerSue<Sue.Faulkner@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov> Subject: FW: PL20210001101 & PL20210001100(Display w/MAP) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Revised. Ttiay.k you. i 17C Ann P. Jennejohn From: FaulknerSue <Sue.Faulkner@colliercountyfl.gov> Sent: Friday, September 2, 2022 12:49 PM To: Ann P.Jennejohn; GMDZoningDivisionAds;YoungbloodAndrew Cc: FinnTimothy; RodriguezWanda; BradleyNancy Subject: RE: PL20210001101 & PL20210001100 (Display w/MAP) Approved. Thanks,Ann 5Ci.na JR,e9aaal, 5ue !on?t; auwipaf 04,w, Collier County Growth Management Department Zoning Division, Comprehensive Planning Section 2800 North Horseshoe Drive, Naples, FL 34104 Sue.Faulkner@colliercountyfl.gov phone: 239-252-5715; E-fax: 239-252-2838 FIMUSEIMNG CO COUNTY SINCE 2006 Website: www.colliercountyfl.gov Collier County Motto: "To exceed expectations." Tell us how we are doing by taking our Zoning Division Survey at http://bit.lv/CollierZoning From:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Sent: Friday, September 02, 2022 12:15 PM To:GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>;YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov> Cc: FaulknerSue<Sue.Faulkner@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov> Subject: FW: PL20210001101 & PL20210001100 (Display w/MAP) EXTERNAL EMAIL:. This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Revised. Thank you. 1 17C Ann P. Jennejohn From: FinnTimothy <Timothy.Finn@colliercountyfl.gov> Sent: Friday, September 2, 2022 1:32 PM To: Ann P. Jennejohn; GMDZoningDivisionAds;YoungbloodAndrew Cc: FaulknerSue; RodriguezWanda; BradleyNancy Subject: RE: PL20210001101 & PL20210001100 (Display w/MAP) Approved From:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Sent: Friday, September 2, 2022 12:15 PM To: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov> Cc: FaulknerSue <Sue.Faulkner@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov> Subject: FW: PL20210001101 & PL20210001100(Display w/MAP) EXTERNAL EMAIL This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Revised. Tlnavtk you. Ann Jennejohn T3MR Sevtior Deputy Clerk II L401.1 -of A,, Clerk to the Value Adjustvvtevtt Board 4,4 �`F%a Office: 23 9-2s2-8406 Fax: 239-252-8408 (if applicable) Avtvt.Jevtvtejohvt@CollierClerk.covvt ' � Office of the Clerk of the Circuit Court ¢`"4'«g�,r+.0` & Comptroller of Collier County 32.99 Tawtiawti Trail, Suite #401 Naples, FL. 34112-5324 www.CollierClerk.cowt From: DeWitt,Jennifer<jldewitt@designiq.com> Sent: Friday, September 2, 2022 12:11 PM 1 17C Ann P. Jennejohn From: Bob Mulhere <BobMulhere@hmeng.com> Sent: Friday, September 2, 2022 11:18 AM To: Stephanie Karol; GMDZoningDivisionAds Subject: Re: PL20210001101 & PL20210001100 (Display w/MAP) (BCC 9-27-22) Attachments: —WRD0000 jpg; image001.png; image002 jpg; image003 jpg; image003jpg; image002 jpg; image001.png; —WRD0000 jpg; adGCl0938202rev.pdf Follow Up Flag: Follow up Flag Status: Flagged EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. I sent an email this morning. Approved. Bob Mulhere On Sep 2, 2022, at 11:13 AM, Stephanie Karol <StephanieKarol@hmeng.com>wrote: Mini-Triangle for your review and approval Stephanie Karol Permitting Coordinator 950 Encore Way Naples,FL 34110 Direct: (239) 254-2018 Main Line: (239) 254-2000 Facsimile: (239) 254-2099 From: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Sent: Friday, September 2, 2022 11:01 AM To: FinnTimothy<Timothy.Finn@colliercountyfl.gov>; FaulknerSue <Sue.Faulkner@colliercountyfl.gov>; Stephanie Karol <StephanieKarol@hmeng.com> Subject: FW: PL20210001101 & PL20210001100(Display w/MAP) (BCC 9-27-22) Good morning, Here is the final ad proof for these companion petitions for your review and approval that is due to run on Wednesday next week. Andrew Youngblood, MBA Operations Analyst Zoning Division 2800 N. Horseshoe Dr. i 17C Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, September 6, 2022 8:49 AM To: GMDZoningDivisionAds; 'YoungbloodAndrew' Cc: RodriguezWanda; BradleyNancy Subject: FW: PL20210001101 & PL20210001100 (9-27-22 BCC Meeting) Attachments: adGCI0938202rev.pdf NDN Notice Ann Jennejohn 13MR Sevtior Deputy Clerk II t1Tiin40 Clerk to the Value Adjustvvtertt Board Office: 23 9-252-8406 Fax: 239-252-8408 (if applicable) •J - Avtvt.Jevwtejohvt@CollierClerk.covn :6): Office of the Clerk of the Circuit Court & Comptroller of Collier Couvtty 32qq Tawtiawti Trail, Suite #4O1 Naples, FL 34112-5324 www.CollierClerk.cowt From: DeWitt,Jennifer<jldewitt@designiq.com> Sent:Tuesday, September 6, 2022 8:46 AM To: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com>; Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: PL20210001101 & PL20210001100 (Display w/MAP) External Message: Please use caution when opening attachments,clicking links, or replying to this message. Good Morning, I'm following up on the attached ad proof. We are nearing our 3:00 PM EST approval deadline, and I wanted to ensure no changes were needed. Please let me know if you have any questions. Jennifer DeWitt Account Coordinator I SMB-Classifieds jldewitt@gannett.com i 17C Ann P. Jennejohn From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Tuesday, September 6, 2022 10:05 AM To: Minutes and Records Cc: GMDZoningDivisionAds; YoungbloodAndrew; FinnTimothy; FaulknerSue Subject: correction request and approval: PL20210001101 & PL20210001100 (Display w/MAP) - Mini-Triangle Attachments: adGCl0938202rev.pdf; RE: PL20210001101 & PL20210001100 (Display w/MAP) The highlighted word in the attached PDF should read OFFICE instead of OFFICES, if NDN can make that change. Attorney approval is below and staff and applicant approvals are attached. Thank you, Wanda Rodriguez, MCP, CT M Office of the County Attorney (239) 252-8400 : ge, WEN ACP A From:AshtonHeidi<Heidi.Ashton@colliercountyfl.gov> Sent:Tuesday, September 6, 2022 9:49 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: FW: proof for approval: PL20210001101 & PL20210001100 (Display w/MAP) - Mini-Triangle Wanda, The PUD has a typo as shown on the attachment. The ad can run with the typo as long as I don't have to place a typo in the Ordinance. Thanks. hteidi Ashtov-Cic{eo MAvuAgiwg AssistAwt Couin.tu Attorweu o f fi,ce of the Couvitij AttorvLeu 2200 North I-torseskoe Drive,suite 301 Naples, FL 34104 (239) 252-2773 From: CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov> Sent:Tuesday, September 6, 2022 9:39 AM To:AshtonHeidi<Heidi.Ashton@colliercountyfl.gov> Cc: PerryDerek<Derek.Perry@colliercountyfl.gov>; BradleyNancy<Nancy.BradleyCa@colliercountyfl.gov> Subject: FW: proof for approval: PL20210001101& PL20210001100 (Display w/MAP) - Mini-Triangle 1 NOTICE OF PUBLIC HEARING 1 7 C NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners(BCC)at 9:00 A.M.on September 27,2022,in the Board of County Commissioners Meeting Room,Third Floor,Collier Government Center,3299 East Tamiami Trail,Naples,FL to consider: 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 BY AMENDING THE MINI-TRIANGLE MIXED USE SUBDISTRICT OF THE URBAN MIXED USE DISTRICT TO DECREASE COMMERCIAL USES FROM 200,000 TO 130,000 AND TO INCREASE MULTI-FAMILY DWELLING UNITS BY 114 UNITS FOR A MAXIMUM OF 491 DWELLING UNITS,ALL SUBJECT TO A TRAFFIC CAP;AND REMOVE MOVIE THEATRE AND BOWLING CENTER USES. 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, 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. [PL20210001101] AND 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 OFFICES 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]. S 4h�VF Davis BLVD Project _ Location \ 0 *1/?A I'll 13 CD llll / I( Copies of the proposed Ordinances are on file with the Clerk to the Board and are available for inspection.All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten(10)minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of three(3)weeks prior to the respective public hearing.In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely,as well as in person,during this proceeding.Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/ our-county/visitors/calendar-of-events after the agenda is posted on the County website.Registration should be done in advance of the public meeting,or any deadline specified within the public meeting notice.Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk.The County is not responsible for technical issues.For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two(2)days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA WILLIAM L.MCDANIEL,JR., CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Ann Jennejohn Deputy Clerk(SEAL) ND-GCI0938202 17C Ann P. Jennejohn From: Ann P. Jennejohn Sent: Tuesday, September 6, 2022 10:13 AM To: 'DeWitt, Jennifer' Subject: RE: PL20210001101 & PL20210001100 (Display w/MAP) Attachments: adGCl0938202rev.pdf Good Morvting Jevwtifer, could you please replace the word "OFFICES" to "OFFICE" (highlighted) Thank you! Ann Jennejohn 13MR Senior Deputy Clerk II ` �.0.1.1.,�K.,, Clerk to the Value Adjustwtertt Board `ri,� Office: 239-252-840ro Fax: 239-252-8408 (if applicable) Avtvt.Jevtvtejohvt@CollierClerk.cow Office of the Clerk of the Circuit Court "KA"• & Cowtptroller of Collier Couvtty 3299 Tavvtianni Trail, Suite #401 Naples, FL. 34112-5324 www.CollierClerk.cowt From: DeWitt,Jennifer<jldewitt@designiq.com> Sent: Friday, September 2, 2022 12:11 PM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: RE: PL20210001101 & PL20210001100 (Display w/MAP) External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello, We have your proof ready for your review (attached), Please let me know any needed updates/changes or if this can be approved as is. NOTICE OF PUBLIC HEARING 1 7 C NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners(BCC)at 9:00 A.M.on September 27,2022,in the Board of County Commissioners Meeting Room,Third Floor,Collier Government Center,3299 East Tamiami Trail,Naples,FL to consider: 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 BY AMENDING THE MINI-TRIANGLE MIXED USE SUBDISTRICT OF THE URBAN MIXED USE DISTRICT TO DECREASE COMMERCIAL USES FROM 200,000 TO 130,000 AND TO INCREASE MULTI-FAMILY DWELLING UNITS BY 114 UNITS FOR A MAXIMUM OF 491 DWELLING UNITS,ALL SUBJECT TO A TRAFFIC CAP;AND REMOVE MOVIE THEATRE AND BOWLING CENTER USES. 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, 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. [PL20210001101] AND 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]. 14 gVFs Davis BLVD Project Location n r iC ,g j ")/ 1CD 13 FMIR.1 to Copies of the proposed Ordinances are on file with the Clerk to the Board and are available for inspection.All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten(10)minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of three(3)weeks prior to the respective public hearing.In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely,as well as in person,during this proceeding.Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/ our-county/visitors/calendar-of-events after the agenda is posted on the County website.Registration should be done in advance of the public meeting,or any deadline specified within the public meeting notice.Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk.The County is not responsible for technical issues.For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two(2)days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA WILLIAM L.MCDANIEL,JR., CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By: Ann Jennejohn Deputy Clerk(SEAL) ND-GCI0938202 $ 7C Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, September 6, 2022 10:41 AM To: RodriguezWanda Cc: GMDZoningDivisionAds; YoungbloodAndrew; FinnTimothy; FaulknerSue Subject: RE: correction request and approval: PL20210001101 & PL20210001100 (Display w/MAP) - Mini-Triangle Attachments: adGCl0938202rev.pdf The correction, has been. wtade, "OFFICES" to "OFFICE"; second title, 3rd line down. I am providing NDN an approval. Thank you all Q Ann JennejoAn 13MR Sevtior Deputy Clerk II �triTlck,k1 Clerk to the Value Adjustment Board ,iiii) . Office: 239-252-8406 T. Fax: 239-252-8408 (if applicable) Avtvt.Jevwtejokn@CollierClerk.cowtr' Office of the Clerk of the Circuit Court `'r`tx_xr+.° & Comptroller of Collier County 3299 Tavvtiawti Trail, Suite #401 Naples, FL. 34112-5324 www.CollierClerk.com From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent:Tuesday, September 6, 2022 10:05 AM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; FaulknerSue <Sue.Faulkner@colliercountyfl.gov> Subject: correction request and approval: PL20210001101 & PL20210001100 (Display w/MAP) - Mini-Triangle 1 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, September 6, 2022 10:43 AM To: 'DeWitt, Jennifer' Subject: RE: PL20210001101 & PL20210001100 (Display w/MAP) Approved for publication. Thavtk you for vvtakimg tine clnavtges Jennifer. Ann Jennejotin 13MR Senior Deputy Clerk II �wtr<m,�r Clerk to the Value Adjustwevtt i3oard .�"c 4` Office: 239-252-8406 �a a Fax: 239-252-8408 (if applicable) Avtvt.Jevtvtejohvt@CollierClerk.cowt f^` �� Office of the Clerk of the Circuit Court � �`ot`r'' & Comptroller of Collier County 32qq Tawtiavvti Trail, Suite #401 Naples, FL. 34112-5324 www.Coll ierCl erk.cowt DeWitt,Jennifer<jldewitt@designiq.com> Sent:Tuesday, September 6, 2022 10:36 AM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: RE: PL20210001101 & PL20210001100 (Display w/MAP) External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello, We have your proof ready for your review(attached), Please let me know any needed updates/changes or if this can be approved as is. Please Note:The deadline for approval is 9/6/2022 3:00 PM EST. Thank You Jennifer DeWitt Account Coordinator I SMB-Classifieds ildewitt@gannett.com From:Ann P.Jennejohn <Ann.Jenneiohn@collierclerk.com> Sent:Tuesday, September 6, 2022 10:13 AM To: DeWitt,Jennifer<ildewitt@designiq.com> Subject: RE: PL20210001101 & PL20210001100 (Display w/MAP) 1 at al -- NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice Is hereby given that a public hearing will be held by the Collier County Board of County Commissioners(BCC)at 8:00 A.M.on September 27,2022,in the Board of County Commissioners Meeting Room,Third Floor,Collier Government Center,3299 East Tamiaml Trail,Naples,FL to consider: • AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLER COUNTY,FLORIDA AMENDING ORDINANCE NO.89-05,AS AMENDED,THE COWER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT BY AMENDING THE MINI-TRIANGLE MIXED USE SUBDISTRICT OF THE URBAN MIXED USE DISTRICT TO DECREASE COMMERCIAL USES FROM 200,000 TO 130,000 AND TO INCREASE MULTI-FAMILY DWELLING UNITS BY 114 UNITS FOR A MAXIMUM OF 491 DWELLING UNITS,ALL SUBJECT TO A TRAFFIC CAP;AND REMOVE MOVIE THEATRE AND BOWLING CENTER USES. 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, CONSISTING OF 5.36:ACRES;ANO FURTHERMORE,RECOMMENDING TRANSMITTAL OF THE AOOPTEDAMENDMENT TO THE FLORIDA DEPARTMENT 00 ECONOMIC OPPORTUNITY;PROVIDING FOR SEVERABILITYIiND PROVIDING FOR AN EFFECTIVE DATE. [P120210001101] AND AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA AMENDING ORDINANCE ' NUMBER 18-25,THE MINI-TRIANGLE MIXED USE PUNNED 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 .e DWELLING UNITS BY 114 UNITS FOR A MAXIMUM OF 491 DWELLING UNITS,ALL SUBJECT TO A TRAFFIC CAP; O REMOVE THE MOVIE THEATRE USE;AND BY AMENDING THE MASTER PLAN.THE SUBJECT PROPERTY IS LOCATED S 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,COWER COUNTY FLORIDA,CONSISTING ' OF 5.35s ACRES;AND BY PROVIDING AN EFFECTIVE DATE.[PL20210001100]. m is . . _Lt z Y 1 �- , 1 S• I —� f i �:.. j uavis 6w0 . Pro'Project .. m ,[ • _ . Location Z (`r m t 1. 1 `"1 v A.).� `^ t5� Ili .. ! _.._.A. I 0 '_,_`.... . �,: s, �� %,\ I.T.- T_' L N /f i r, ....... I � l • -._i- - _ • j I '17 j l -� z l...r i _ ice\\ < 1 • .` -C_ 7 r."' 1 ..__ 1 ' i ` ff r. - ni ^ ( in , / t w \\ i t ruJr1 _Lj \� I _.. r r rrr"� f z Co of the proposed Ordinances are on file with the Clerk to the Board and are available for inspection.All interested parties PS pies are Invited to attend and be heard. N NOTE:All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten(10)minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of three(3)weeks prior to the respective public hearing.In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent pert of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely,as well as in person,during tills proceeding.Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www,colllercountyfl.gov/ our-county/visitors/calendar-of-events after the agenda is posted on the County website.Registration should be done in advance of the public meeting,or any deadline specified within the public meeting notice.Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely In this meeting.Remote participation is provided as a courtesy and is at the user's risk.The County is not responsible for technical issues.For additional information about the meeting, please call Geoffrey Willig at 252-8389 or email to Geoffrey.WiligOcolliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings Is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division,located at 3335 Tamlaml Trail East,Suite 101,Naples,FL 34112.5356,(239)252-8380,at least two(2)days prior to the meeting.Assisted listening devices for the hearing Impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA WILLIAM L MCDANIEL,JR., CHAIRMAN • CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By Ann Jennejohn Deputy Clerk(SEAL) No-ccea+axoz ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Otflee no later than Monday preceding the Board meeting. **NEW** R LTTING SIM Complete routing lines # I through #2 as appropriate for additional signatures, dates, and/or information needed. if the document is already complete with the exception of the Chairman's signature. draw a line through routing linr_a #1 ti m iah 07 �l.t. rh. A —Wig —A s .,.,..a .. A— tl—.— s...,....., fWR— Route to Addressee(s) (List in routing order) Office - Initials w Date 1. 2. 3 County Attorney Office County Attorney Office 12 . 4. BCC Office Board of County Commissioners 'M G,A 5. Minutes and Records Clerk of Court's Office M F (o�� PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above. may need to contact staff for additional nr mictina infnnnirinn Name of Primary Staff Timothy Finn Phone Number 239-252-4312 Contact / Department Growth Management Department Agenda Date Item was September 27, 2022 Agenda Item Number 17.0 Approved by the BCC 10, Type of Document Ordinance — _ Number of Original 1 Attached�� Documents Attached PO number or account oo number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not jTpropriate. Initial 1. Does the document require the chairman's original signature? -Applicable) no 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/mitialed for legal sufficiency. (All documents to be TF signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the TF document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's TF signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip TF should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadliness 8. The document was approved by the BCC on 9-27-2022 and all changes made during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the changes, if applicable. Fx�� 9. Initials of attorney verifying that the attached document is the version approved by the C IP- BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. 1: Forms/ County Forms/ BCC Fortes/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 I ? C 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 TANIIAMI TRAIL EAST, WEST OF COMMERCIAL DRIVE IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5.351 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 j50 Mini-TriwWc / PL20210001100 1 of 2 8/4/22 II 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 `} becomes effective. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of -n 6ce- , 2022. ATTEST: CRYSTAL, k.'IINZEL, CLERK T By:'- Attest as to airthAp `ty Clerk signatt�rp arlv.. Approved as to form and legality: eidi Ashton-Cicko Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER CO DA C• By: Wram L. McDaniel, Jr., Chairman 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-02207/1736661/1150 Mini -Triangle/ PL20210001100 2 Of 2 914rn a I G 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, " , 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., or "101tip! theate>F 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. HA2016\2016052B\WP\MPUDA\Post MPOMini-Triangle MPUD Document (PL-20210001100) 84-2022 v2.docx SIG 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); ; 54. 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). �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. 18. 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. HA2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document (PL-20210001100) 8-4-2022 v2.docx tic 44 9. Other (q9;3-, 7991, 7999 limited to yoga instruction, and bicycle rental; 8412). �lO.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. HA2016\2016052B\WP\MPUDA\Post CCPOMini-Triangle MPUD Docwnent (PL.20210001100) 8.4-2022 v2.docx C Densityand intensity 6eHe1'ai�ediea} Gaf (moms)�) (square feet) (equm#eeH Afinhnum 4O7 TRi'[ d 70,7C 30,00 �9 -�j000 Table 1 Density and Intensitv Minimums and Maximums Permitted Uaes Multifamily Hotel Section A.Lb. Uses 2 throuab S. and 7 Assisted Livine (dwelline units) rooms thr u 10 (dwelling units) Use 6 (square feet) Minimum 105 N/A 45.000 (See p;��nb B.3 belowl NZA Maximum 4 �} � 1.30.000 (See ��fitep b B.3. below) 150 (FAR of 2M 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-$-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. HA2016\2016052B\WPNPUDA\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 NM 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 37,00 )45.000 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 shali 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\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document (PL-20210001100) 8-4-2022 v2.docx I I 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 right-of-wav 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 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 I S.P.S NOT TO EXCEED (ACTUAL) .....�. - .,_..� as r �� .c..Put 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: 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. HA2016\2016052B\WP\MPUDA\Post CCPOMini-Triangle MPUD Document (PL-20210001100) 8-4-2022 v2.docx 2. HA2016\2016 aI� 3 R3 y iz v� a U. {L y .�91W VVo U. 60 Jg w y zzZ aa.8 $�� o W{{� MLU Wj �Q �LL Z G Uww) anima -Momawwoo U � U LU �y Q--- --1 -- - - - --- Q NC7 NC7 W W U, _ I J w X vl Ta < 8 I �I I� oC F- F, to �I I I I O -joz u LU U V m d a C7 -il- l- 8 �:(� y, M H �N W 5�� Z..� cos' Ott. Page 8 of 32 Words underlined are additions; Words struck through are deletions. H:\2016\2016052B\WP\MPUDA\Post MMMini-Triangle MPUD Document (PL-20210001100) 84-2022 v2.docx W W �11 f � s: x f < f• �C o z L L i y r z z i1 1 1 b,Rr. _� C b LLi z W r�R�c"J 1 \?~ .,i L6 W 0 _,b R CO) O LL�r z < to CO z _ W - Q :a77 V P 4 x b� JPr W 7 i t Page 9 of 32 Words underlined are additions; Words struck through are deletions. HA2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document (PL-20210001100) 8-4-2022 v2.docx a LL O N W fA W C06LI A I C . _ E e ! - _ C ( \ E \ \ \ \ - _ 2 § f | � \ _ E e � \ } ) \ � a E E : ( // |z ® )■ \ k `l E �� 2 §.- \ =3 \ \\ f \ E _ E ƒ }, . �»2 F�� \ E )\ § } \ \E \- �k 2 E ` E}E / ¢ Ek %) $/ 2! $a =a ri\ i! . _ , w ! , � w � Page m of 32 Weds underlined are additions; Words struck thou are deletions. N: ,6\2o6052eWP\MPu »e,cPC\MTriangleMPUDmo_m(l�-z000H00)s- =tea. I I C — anVN ,L9'OL � _ (ISWV) ,L9'Z + ,896=1H013H XVW VVj -- -; _ to z 0 z b Z F b w u a U. m M II y J S N z;� < -i a m� z O� Qa J Q w V W Z CO) p M W Z CD VO Z� Cr Q J >W >Fz Z W S0 JQ tLU 9 z Q0LU LU X� Lou--� qOw _ = W 12 �JQ m CO N 0 . OZm Z Qd LL. WLU b Go� j LA. v wz zLLa J w Page 11 of 32 Words underlined are additions; Words struck through are deletions. HA2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document (PL-20210001100) 8-4-2022 v2.docx 0 UI jKp O� aU. C9 0 a� J W Page 12 of 32 Words underlined are additions; Words struck through are deletions. HA2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document (PL-20210001100) 84-2022 v2.docx 9 11C 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:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document (PL-20210001100) 8-4-2022 v2.docx At � a w z U Z a F 5 a W J 0 Z Q I— Z i Q W Q C9 —11 1111O . 's -J n Page 14 of 32 Words underlined are additions; Words struck through are deletions. H:\2016\2016052B\WP\MPUDA\Post MMMini-Triangle MPUD Document (PL-20210001100) 8.4-2022 v2.docx !?C C to V � .0 C it8 II Page 15 of 32 Words underlined are additions; Words struck through are deletions. HA2016 2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document (PL-20210001100) 8-4-2022 v2.docx I Page 16 of 32 Words underlined are additions; Words struck through are deletions. H:,,2016 2(11 o;2H .?":[)A Post MOMini-Triangle MPUD Document (PL-20210001100) 8-4-2022 v2.docx i1C Page 17 of 32 Words underlined are additions; Words struck through are deletions. HA2016x2016052B\WP' MPUDA\Post CCPC\M ini -Triangle MPUD Document (PL-20210001100) 84-2022 v2.docx 1?� Ln C ,e wr V S � H t•� Page 18 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 N•2.docx 1IC Page 19 of 32 Words underlined are additions; Words struck through are deletions. HA2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document (PL-20210001 100) 8-4-2022 v2.docx al 41 v Aw- 1?C EXHIBIT D MI M-TRIANGLE MPUD LEGAL DESCRIPTION PARCELI: 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 51148" 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. HA2016\2016052B\WP\MPUDA\Post CUOMini-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. HA2016\2016052B\WP\MPUDA\Post CCMMini-Triangle MPUD Document (PL-20210001100) 84-2022 v2.docx aIG 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. HA2016\2016052B\WP\MPUDA\Post CUOMini-Triangle MPUD Document (PL-20210001100) 8A-2022 v2.docx 11C 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 SUBDMSION, 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:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document (PL-20210001100) 8-4-2022 v2.docx l?C 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.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-20210001100) 8-4-2022 v2.docx II H-1 ; 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. 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. 4-99. 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. HA2016\2016052B\WP\MPUDA\Post MPOMini-Triangle MPUD Document (PL-20210001100) 8-4-2022 v2.doex tic 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:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document (PL-20210001100) 8.4-2022 v2.docx i7C 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-20210001100) 8.4-2022 v2.docx 1.1 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. HA2016\2016052B\WP\MPUDA\Post CUMMini-Triangle MPUD Document (PL-20210001100) g-4-2022 v2.docx i?C 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. H:\2016\2016052B\WP\MPUDA\Post CCPC\Mini-Triangle MPUD Document (PL-20210001100) 8-4-2022 v2.docx I I C oQ N1 1 l FLORIDA DEPARTMENT 0 STATE RON DESANTIS Governor 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: CORD BYRD Secretary of State 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 i?C FLORIDA DEPARTMENT Of STATE RON DESANTIS Governor October 4, 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: CORD BYRD Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2022-33, which was filed in this office on October 4, 2022. Sincerely, Anya Owens Program Administrator ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270