Agenda 11/12/2024 Item #17B (Ordinance - Amending the Tollgate Commercial Center PUD Allowing development of 110 multi-family rental units )11/12/2024
Item # 17.B
ID# 2024-1603
Executive Summary
This item requires that ex-parte disclosure be provided by Commission members. Should a hearing be held on this item,
all participants are required to be sworn in. Recommendation to approve an Ordinance amending the Tollgate
Commercial Center PUD to allow development of 110 multi-family rental units with affordable housing on Parcel 11 of
the Commercial Areas. The subject property is located on the east side of Collier Boulevard, north of Beck Boulevard at
3880 Tollgate Boulevard in Section 35, Township 49 South, Range 26 East, Collier County, Florida. (Companion to
GMPA-PL20230007876 and DOA-PL20230007875)
OBJECTIVE: To have the Board of County Commissioners (Board or BCC) review staff’s findings and
recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the
above referenced petition and render a decision regarding this PUD Amendment (PUDA) petition; and ensure the
project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are
maintained.
CONSIDERATIONS: The Tollgate Commercial Center DRI/PUD allows for a mixture of commercial and light
industrial uses. The Collier Boulevard/Interstate 75 Innovation Zone Overlay (CBIIZO) applies to the site; this overlay
was established to attract and retain qualified targeted industry businesses as defined by Florida Statutes §288.106.
The subject site is +5 acres at 3880 Tollgate Boulevard and includes Parcel Nos. 76885005005 and 76885005102. The
site is currently developed as a 104-room Super 8 Motel constructed in 1990 and an unused semi-improved parking area.
The petitioner refers to the site as Parcel 11 per the PUD Master Plan; the subject property is legally described as Parcel
2 and Parcel 1 of Tollgate Commercial Center Phase 1 subdivision. Parcel 2 is roughly 4.33 acres occupied by the Super
8 Motel and associated parking; Parcel 1 is approximately 0.75 acres encumbered by a Florida Power and Light
easement where the unused semi-improved parking area is located.
The petitioner seeks to convert the existing 104-room Super 8 Motel, constructed in 1990, into 110 multifamily
dwellings. A companion GMP Amendment (PL20230007876) is requested to change the Future Land Use designation
from Urban Commercial District, Interchange Activity Center Subdistrict, to the Tollgate Housing Parcel Subdistrict
with corresponding text amendments to allow for the proposed conversion. An amendment to the Tollgate Commercial
Center Development of Regional Impact (DRI) Development Order is also requested to allow for the proposed
conversion (PL20230007875).
The petitioner concurred with the staff and Planning Commission’s unanimously supported condition of approval to
increase the affordability commitment from 22.7% to 30% of the residential units to be set aside as affordable,
consistent with previous BCC policy. The modified affordability commitment language is included in Section III,
“Commercial Areas Plan,” of the Draft PUD Ordinance attached to this Executive Summary. Thirty-three of the units
will be set aside as income-restricted for a period of 30 years from the date of issuance of a certificate of occupancy of
the first unit as follows:
• 16 units for households earning up to and including 80% of the Area Median Income (AMI) for Collier County
• 17 units for households earning up to and including 100% of the AMI
Set aside units will be held vacant and advertised for a minimum period to give preference to employees of Moorings,
Incorporated, and affiliates, or other health care providers, teachers, first responders, hospitality workers, and
government employees as outlined in Section III, “Commercial Areas Plan,” of Exhibit A included with the Draft PUD
Ordinance. Remaining units will be rent restricted at affordable rents for households whose incomes are up to and
including 120% of the AMI for Collier County.
Two deviations are requested; see Section VI, “Deviations,” of Exhibit A included with the Draft PUD Ordinance for
details of the deviations summarized here:
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Item # 17.B
ID# 2024-1603
1. The petitioner concurred with the staff and Planning Commission’s unanimously supported condition of
approval to bring existing landscaping into conformity with landscape buffer standards for residential uses
adjacent to commercial uses and the interstate. The modified language for Deviation #1 is included in the Draft
PUD Ordinance attached to this Executive Summary.
2. Request to allow no additional parking for recreation facilities and other common uses.
In order for this development option to be considered, an amendment to the Growth Management Plan (GMPA-
PL20230007876) is required to change the Future Land Use designation from Urban Commercial District, Interchange
Activity Center Subdistrict to the Tollgate Housing Parcel Subdistrict with corresponding text amendments to allow for
the proposed conversion. An amendment to the Tollgate Commercial Center Development of Regional Impact (DRI)
Development Order is also requested to allow for the proposed conversion (DOA-PL20230007875).
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard Petition
PUDA-PL20230007874, Tollgate Commercial Center PUDA, on September 20, 2024. The Planning Commission voted
unanimously to forward the petition to the Board with a recommendation of approval, subject to increasing the
affordability commitment from 22.7% to 30% of the residential units to be set aside as affordable and modifying
Deviation #1 to bring existing landscaping into conformity with landscape buffer standards for residential uses adjacent
to commercial uses and the interstate. The Draft PUD Ordinance attached to this Executive Summary includes the
increased affordability commitment and the modified language for Deviation #1.
This item is on the Summary Agenda because there was no public opposition at the CCPC hearing, and the CCPC voted
unanimously to recommend approval.
FISCAL IMPACT: The PUD Amendment (PUDA) by and of itself will have no fiscal impact on Collier County. The
County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impact of each new
development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement
Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities.
Other fees collected prior to issuance of a building permit include building permit review fees. Please note that impact
fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this
petition.
GROWTH MANAGEMENT IMPACT: Comprehensive Planning staff has reviewed the proposed amendment. The
±5-acre subject property is designated on the Collier County Future Land Use Map (FLUM) as Urban, Urban
Commercial District, Interchange Activity Center Subdistrict, Interchange Activity Center #9 intended for
concentrations of commercial and mixed-use development activities. Additionally, industrial uses are allowed in the
northeast and southeast quadrants of I-75 and Collier Boulevard. A companion Growth Management Plan Amendment
is required to allow the requested residential uses. This PUD Amendment may only be deemed consistent with the
Future Land Use Element (FLUE) of the Growth Management Plan if the companion GMPA (PL20230007876) is
approved and goes into effect and the uses and intensities in this PUD align with those in the GMPA.
The petition can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan
because there are no additional traffic impacts resulting from the proposed change. Environmental review staff has
found this project to be consistent with the Conservation & Coastal Management Element (CCME). The proposed
changes do not affect any of the GMP's environmental requirements.
LEGAL CONSIDERATIONS: This is a site-specific amendment to a Planned Unit Development Zoning District. The
burden falls upon the petitioner to prove that the proposed rezone is consistent with all the criteria set forth below. The
burden then shifts to the Board of County Commissioners, should it consider denying the amendment, to determine that
such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the
proposal does not meet one or more of the listed criteria below.
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Item # 17.B
ID# 2024-1603
Criteria for PUD Amendments
Ask yourself the following questions. The answers assist you in making a determination for approval or not.
1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical
characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities.
2. Is there an adequacy of evidence of unified control and suitability of agreements, contracts, or other instruments
or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the
continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public
expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney.
3. Consider: Conformity of the proposed PUD Amendment with the goals, objectives, and policies of the Growth
Management Plan.
4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions
on location of improvements, restrictions on design, and buffering and screening requirements.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion.
8. Consider Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular
case, based on a determination that such modifications are justified as meeting public purposes to a degree at least
equivalent to the literal application of such regulations.
9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the
elements of the Growth Management Plan?
10. Will the proposed PUD Amendment be appropriate considering the existing land use pattern?
11. Would the requested PUD Amendment result in the possible creation of an isolated district unrelated to adjacent
and nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the
property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed
incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including
activity during construction phases of the development, or otherwise affect public safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
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19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance
with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as
contrasted with the public welfare.
21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance with existing
zoning? (a “core” question…)
22. Is the change suggested out of scale with the needs of the neighborhood or the county?
23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts
already permitting such use.
24. Consider: The physical characteristics of the property and the degree of site alteration which would be required
to make the property usable for any of the range of potential uses under the proposed zoning classification.
25. Consider: The impact of development resulting from the proposed PUD Amendment on the availability of
adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance
[Code ch.106, art.II], as amended.
26. Are there other factors, standards, or criteria relating to the PUD Amendment request that the Board of County
Commissioners shall deem important in the protection of the public health, safety, and welfare?
The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied
to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons,
and the oral testimony presented at the BCC hearing as these items relate to these criteria. Should this item be denied,
Florida Statutes section 125.022(3) requires the County to provide written notice to the applicant citing applicable
portions of an ordinance, rule, statute, or other legal authority for the denial. This item has been approved as to form and
legality, and requires an affirmative vote of four for Board approval. (HFAC)
RECOMMENDATIONS: To approve Petition PUDA-PL20230007874 for the Tollgate Commercial Center PUD
Amendment, subject to the approval of and with an effective date tied to the companion Growth Management Plan
Amendment (GMPA) petition, PL20230007876.
PREPARED BY: Ray Bellows, AICP, Zoning Manager
ATTACHMENTS:
1. 9-20-24 CCPC Staff Report PUDA
2. Att A- Ordinance No. 101524
3. Att B - Super 8 Buffer Exhibit B
4. Att C - Application Backup
5. Att D - NIM Documents
6. Tollgate Sign Posting Affidavit
7. legal ad - agenda IDs 24-1513, 24-1603, 24-1604 - Tollgate Commercial Center
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PUDA-PL20230007874 Tollgate Commercial Center Page 1 of 20
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STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT
HEARING DATE: SEPTEMBER 20, 2024
SUBJECT: PUDA-PL20230007874 TOLLGATE COMMERCIAL CENTER
PUD AMENDMENT (Companion to DOA- PL20230007875 Tollgate Commercial
Center DRI Amendment & GMPA-PL20230007876 Tollgate Housing Subdistrict)
PROPERTY OWNER/AGENT:
Owner: Agents:
K2 Housing Naples LLC
3880 Tollgate Blvd
Naples, FL 34114-5444
Jem Frantz, AICP
RVI Planning + Landscape Architecture
28100 Bonita Grande Dr. #305
Bonita Springs, FL 34135
Richard D. Yovanovich, Esq
Coleman, Yovanovich & Koester, P.A.
4001 Tamiami Trail N, Suite 300
Naples, FL 34103
REQUESTED ACTION:
The petitioner requests that the Collier County Planning Commission (CCPC) consider an
amendment to Ordinance Number 92-10, as amended, the Tollgate Commercial Center Planned
Unit Development (PUD), within the Collier Boulevard/Interstate 75 Innovation Zone Overlay
(CBIIZO), to allow development of 110 multi-family rental units with affordable housing on
Parcel 11 of the Commercial Areas, “A” Parcels, as shown on the PUD Master Plan, as an
alternative to commercial use of the existing Super 8 Motel at 3880 Tollgate Boulevard.
A companion DRI Development Order Amendment (DOA-PL20230007875) is requested to make
corresponding changes to allow multifamily residential use on Parcel 11, and a companion GMP
Amendment (GMPA-PL20230007876) is requested to create a new subdistrict within the Urban
Commercial District, Interchange Activity Center Subdistrict called Tollgate Housing Parcel
allowing for the multifamily residential use on the ±5-acre site.
GEOGRAPHIC LOCATION:
The subject property is +5 acres at the northern terminus of Tollgate Boulevard within the +100-
acre DRI/PUD in Section 35, Township 49 South, Range 26 East, Collier County, Florid a. The
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PUDA-PL20230007874 Tollgate Commercial Center Page 2 of 20
August 22, 2024
address is 3880 Tollgate Boulevard and includes Parcel No. 76885005005 and 76885005102.
See location map.
PURPOSE/DESCRIPTION OF PROJECT:
On February 11, 1992, the Board of Commissioners approved Ordinance No. 92-10, the Tollgate
Commercial Center Planned Unit Development (PUD) consisting of ±100.23 acres, repealing
Ordinance No. 84-6 relating to a prior rezone. The PUD was then amended by the Board of
Commissioners on December 14, 1993, with approval of Ordinance No. 93-91, on September 25,
2015, with approval of Ordinance No. 15-49, and on May 9, 2017, with approval of Ordinance
No. 17-15. The PUD allows for a mixture of commercial and light industrial uses.
The subject site is +5 acres at 3880 Tollgate Boulevard and includes Parcel Nos. 76885005005
and 76885005102. The site is currently developed as a 104 -room Super 8 Motel constructed in
1990 and an unused semi-improved parking area. The petitioner refers to the site as Parcel 11 per
the PUD Master Plan; the subject property is legally described as Parcel 2 and Parcel 1 of Tollgate
Commercial Center Phase 1. Parcel 2 is roughly 4.33 acres occupied by the Super 8 Motel and
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associated parking; Parcel 1 is roughly 0.75 acres encumbered by a Florida Power and Light
easement where the unused semi-improved parking area is located.
The site is in the Urban Commercial District, Interchange Activity Subdistrict, Interchange
Activity Center #9 on the Future Land Use Map. The Collier Boulevard/Interstate 75 Innovation
Zone Overlay (CBIIZO) applies to the site; this overlay was established to attract and retain
qualified targeted industry businesses as defined by Florida Statutes §288.106.
The petitioner seeks to convert the existing 104-room Super 8 Motel, which was constructed in
1990, into 110 multifamily dwellings. The proposed 110 units on the 4.33-acre motel property
equate to a density of 25.4 units per acre; when calculated on the 5.0-acre site, the density is 22
units per acre. The calculation of density across the entire 100-acre PUD is 1.1 units per acre.
A companion GMP Amendment (PL20230007876) is requested to change the Future Land Use
designation from Urban Commercial District, Interchange Activity Center Subdistrict, to the
Tollgate Housing Parcel Subdistrict with corresponding text amendments to allow for the proposed
conversion. An amendment to the Tollgate Commercial Center Development of Regional Impact
(DRI) Development Order is also requested to allow for the proposed conversion
(PL20230007875).
The petitioner requests to convert the existing 104 hotel units into 110 multi-family dwelling units,
of which 25 of the units (22.7%) will be “set aside” as income-restricted for a period of 30 years
from the date of issuance of a certificate of occupancy of the first unit as follows:
• 12 units (10.9%) for households earning up to and including 80% of the Area Median Income
(AMI) for Collier County
• 13 units (11.8%) for households earning up to and including 100% of the AMI
Set aside units will be held vacant and advertised for a minimum period to give preference to
employees of Moorings, Incorporated, and affiliates, or other health care providers, teachers, first
responders, hospitality workers, and government employees as outlined in Section III,
“Commercial Areas Plan,” of Exhibit A included with the Draft PUD Ordinance, provided as
Attachment A to this staff report.
Remaining units will be rent restricted at a affordable rents for households whose incomes are up
to and including 120% of the AMI for Collier County.
Two deviations are requested:
1. Request to allow 5-foot-wide Type A buffers on the north, south, and west sides of Parcel
11 in lieu of the required 15-foot-wide Type B buffers and for the 15-foot-wide Type B
buffer required on the east side of Parcel 11 to be located outside the FPL easement in
closer proximity to the building.
2. Request to allow no additional parking for recreation facilities and other common uses.
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August 22, 2024
For additional information on the requested deviations, see page 16 of this report.
SURROUNDING LAND USE AND ZONING:
This section of the staff report identifies the land uses and zoning classifications for properties
surrounding the boundaries of the subject property referenced as Parcel 11 in the Tollgate
Commercial Center DRI/PUD-CBIIZO:
North:
I-75 Right-of Way, beyond which are industrial uses zoned White Lake
Industrial Park PUD-CBIIZO
East: FPL easement and Amazon parking lot within the Tollgate Commercial
Center DRI/PUD-CBIIZO.
South: Self-storage facility within the Tollgate Commercial Center DRI/PUD-
CBIIZO.
West:
Comfort Inn Hotel within the Tollgate Commercial Center DRI/PUD-
CBIIZO.
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The GMP is the prevailing document to support land-use decisions, such as this proposed
amendment. Staff is required to make a recommendation regarding a finding of consistency or
inconsistency with the overall GMP as part of the recommendation for approval, approval with
conditions, or denial of any amendment petition. Upon adoption of the companion GMPA-
PL20230007876, this petition will be consistent with the GMP.
Future Land Use Element (FLUE): The ±5.0-acre subject property is designated on the Collier
County Future Land Use Map (FLUM) as Urban, Urban Commercial District, Interchange Activity
Center Subdistrict, Interchange Activity Center #9 intended for concentrations of commercial and
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mixed-use development activities. Additionally, industrial uses are allowed in the northeast and
southeast quadrants of I-75 and Collier Boulevard. The subject property is located within the Phase
1 “A” Parcels and identified as “Parcel 11” on the PUD Master Development Plan.
The actual mix of uses permitted within the Interchange Activity Center Subdistrict is determined
during the rezoning process based on consideration of the same factors listed under the Mixed-Use
Activity Center Subdistrict. The Tollgate Commercial Center PUD establishes that “A” and “B”
Parcels will provide goods and services to motorists and area residents while “B” Parcels may also
accommodate service, assembly wholesale, and related heavy business uses. Residential uses are
not currently permitted. Since the applicant is requesting to repurpose the existing 104-unit hotel
to instead allow for up to 110 multi-family residential dwelling units, this PUD Amendment may
only be deemed consistent with the Future Land Use Element (FLUE) of the Growth Management
Plan if the companion GMPA (PL20230007876) is approved and goes into effect and the uses and
intensities in this PUD align with those in the GMPA.
Transportation Element: In evaluating this project, staff reviewed the applicant’s February 28,
2024, TIS and revised PUD Document for consistency with Policy 5.1 of the Transportation
Element of the GMP.
Policy 5.1 of the Transportation Element of the GMP states;
“The County Commission shall review all rezone petitions, SRA designation applications,
conditional use petitions, and proposed amendments to the Future Land Use Element
(FLUE) affecting the overall countywide density or intensity of permissible development,
with consideration of their impact on the overall County transportation system, and shall
not approve any petition or application that would directly access a deficient roadway
segment as identified in the current AUIR or if it impacts an adjacent roadway segment that
is deficient as identified in the current AUIR, or which significantly impacts a roadway
segment or adjacent roadway segment that is currently operating and/or is projected to
operate below an adopted Level of Service Standard within the five year AUIR planning
period, unless specific mitigating stipulations are also approved. A petition or application
has significant impacts if the traffic impact statement reveals that any of the following
occur:
a. For links (roadway segments) directly accessed by the project where project traffic is
equal to or exceeds 2% of the adopted LOS standard service volume;
b. For links adjacent to links directly accessed by the project where project traffic is equal
to or exceeds 2% of the adopted LOS standard service volume; and
c. For all other links the project traffic is considered to be significant up to the point where
it is equal to or exceeds 3% of the adopted LOS standard service volume.
Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant
and submitted as part of the traffic impact statement that addresses the project’s
significant impacts on all roadways.”
Staff finding: According to the TIS and revised PUD document, the proposed change will convert
an existing 104-room hotel to 110 multi-family dwelling units within the Tollgate Commercial
Center development. The TIS for this request indicates that the proposed change will result in a
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potential reduction of +/- 15 PM peak hour two-way trips on the adjacent roadway network.
Therefore, based on the TIS and the revised PUD, the subject petition request can be found
consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan because
there are no additional traffic impacts resulting from the proposed change.
Conservation and Coastal Management Element (CCME): Environmental review staff has
found this project to be consistent with the Conservation & Coastal Management Element
(CCME). The proposed changes do not affect any of the environmental requirements of the GMP.
GMP Conclusion: The GMP is the prevailing document to support land use decisions, such as
this proposed rezoning. Staff is required to make a recommendation regarding a finding of
consistency or inconsistency with the overall GMP as part of the recommendation for approval ,
approval with conditions, or denial of any rezoning petition. This petition cannot be approved until
the companion Tollgate Commercial Center GMPA-PL20230007876 is adopted and goes into
effect with an effective date linked to the effective date of the companion GMP Amendment.
STAFF ANALYSIS:
Staff has completed a comprehensive evaluation of this land use petition, including the criteria
upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5,
Planning Commission Recommendation (commonly referred to as the “PUD Findings”), and
Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as
“Rezone Findings”), which establish the legal basis to support the CCPC’s recommendation. An
evaluation relative to these subsections is discussed below under the heading “Zoning Services
Analysis.”
Environmental Review: Environmental Planning staff has reviewed the petition to address
environmental concerns. The proposed PUD changes will not affect any of the environmental
requirements of the PUD document. Environmental Services staff recommends approval.
Landscape Review: For Landscape staff recommendations, see the Deviations Discussion
beginning on page 16 of this report and the Staff Recommendation beginning on page 19 of this
report.
Transportation Review: Transportation Planning staff has reviewed the petition for compliance
with the GMP and the LDC and recommends approval.
Housing Policy & Economic Development Review: The petitioner requests to convert the existing
104 hotel units into 110 multi-family dwelling units, of which 25 of the units (22.7%) will be “set
aside” as income-restricted, with 12 units (10.9%) limited to those earning 80% or less of the Area
Median Income (AMI) for Collier County and 13 units (11.8%) limited to those earning up to and
including 100 percent of the AMI. Although there will be no income restrictions on the remaining
units, they will be rent restricted at a rent equal to or less than rents permitted for households whose
incomes are up to and including 120% of the AMI for Collier County. The PUD Amendment
includes commitments for the “set aside units” for a period of 30 years from the date of issuance
of a certificate of occupancy of the first unit.
Staff recommends that the petitioner provide at least 30% of the residential units as affordable,
consistent with previous Board of County Commissioner policy. The 30% requirement would
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result in an additional eight (8) affordable set-aside units (4 at 80% AMI + 4 at 100% AMI). The
petitioner maintains that the Board’s 30% set-aside is intended to apply to new developments
seeking increased density. This proposal is a redevelopment motel-to-residential conversion
project. The most recent motel-to-residential conversion project approved by the Board (Golden
Gate Golf Course Inn, November 2023) was approved using the requested 22.7% affordable set-
aside, plus the remaining units limited to the 120% AMI rent limit.
For reference, the income and rent limits for efficiency apartment units at the 80%, 100%, and
120% AMI levels are as follows…
Zoning Services Review: Zoning Division staff has evaluated the proposed uses related to intensity
and compatibility. The density of the proposed development is 22.0 units/Ac (110 units / 5.0 acres),
which can only be achieved through a GMPA Amendment, which is in the process as companion
item GMPA-PL20230007876. The Tollgate Commercial Center is also approved as a
Development of Regional Impact (DRI), originally approved for 69.4 acres by Development Order
84-1 and amended by Resolution 92-100 (Development Order 92-1) to expand the project limits
to 100 acres. See the staff report for the companion DRI Development Order Amendment petition
DOA-PL20230007875 for more explanation about the DRI and proposed changes corresponding
to this PUDA request.
The property would typically be subject to the Density Rating System and maximum density per
the GMP. GMP policy allows for residential only development in the Interchange Activity Center
Subdistrict permitted up to 16 dwelling units per acre and up to 25 dwelling units per acre if
utilizing the Mixed-Income Housing Program for housing that is affordable. However, the
petitioner is seeking a GMP Amendment to create a subdistrict that will allow for the proposed
multi-family residential adaptive reuse of the existing hotel without utilizing the Density Rating
System or Mixed-Income Housing Program. The maximum density allowed by the proposed
Tollgate Housing Parcel Subdistrict is 22 dwelling units per acre (110 units on 5 acres), with a
commitment to provide 22.7% of units as income restricted.
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The petitioner requests to convert the existing 104 hotel units into 110 multi-family dwelling units,
of which 25 of the units (22.7%) will be “set aside” as income restricted for a period of 30 years
from the date of issuance of a certificate of occupancy of the first set aside unit as follows:
• 12 units (10.9%) for households earning up to and including 80% of the Area Median Income
(AMI) for Collier County
• 13 units (11.8%) for households earning up to and including 100% of the AMI
Staff recommends that the petitioner increase the commitment from 22.7% to at least 30% of
the residential units to be set aside as affordable, consistent with previous Board of County
Commissioner policy. The 30% requirement would result in an additional eight (8) affordable
set-aside units (4 at 80%AMI + 4 at 100%AMI).
The petitioner proposes that the set aside units will be held vacant and advertised for a minimum
period to give preference to employees of Moorings, Incorporated, and affiliates, or other health
care providers, teachers, first responders, hospitality workers, and government employees as
outlined in Section III, “Commercial Areas Plan,” of Exhibit A included with the Draft PUD
Ordinance, provided as Attachment A to this staff report.
Remaining units will be rent restricted at rents that are affordable for households whose incomes
are up to and including 120% of the AMI for Collier County, which corresponds to a monthly rent
of $2,193 for an efficiency or studio apartment.
The petitioner proposes a minimum unit size of 250 square feet for two occupants and commits
that no more than two individuals shall be allowed to reside/occupy in a unit at any given time as
outlined in Section III, “Commercial Areas Plan,” of Exhibit A included with the Draft PUD
Ordinance, provided as Attachment A to this staff report. The Board of County Commissioners
(BCC) approved Ordinance No. 2023-65 on December 12, 2023, amending the Collier County
Property Maintenance Code minimum square footage requirements that each dwelling shall
contain at least 250 square feet of habitable floor space for the first occupant and at least 200
additional habitable square feet per additional occupant. The BCC may now approve a reduction
of the minimum square footage requirements through a rezoning for projects that convert an
existing building to a multi-family use and include affordable housing units with a minimum of 20
percent of the unit’s income-restricted, provided the habitable floor area is not less than 250 square
feet for two occupants. The proposed minimum unit size conforms to the criteria adopted in
December 2023.
To evaluate compatibility, the existing and permitted uses in immediate proximity to the proposed
residential use must be considered. The Tollgate Commercial Center PUD was approved for
commercial, business, and industrial uses. The subject site is surrounded by a hotel to the west, I-
75 to the north, and heavy commercial uses of self-storage and Amazon parking to the south and
east. The nearest residential development, Forest Glen of Naples PUD, is more than one-half mile
away, south of Beck Boulevard.
A hotel/motel conversion to residential housing has been approved for the 153-room Quality Inn
and Suites within the Golden Gate Golf Course MPUD (PUDA-PL20230012392). That conversion
was found to be compatible with the nearby residential development pattern of Golden Gate City,
which is in convenient proximity to workplaces, community facilities, schools, goods, and
services.
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To address compatibility of the proposed Super 8 Motel conversion, staff analyzed the extent to
which buffering and screening are proposed to control for adverse impacts of surrounding more
intense uses on the proposed residential use. Buffer requirements of LDC Section 4.06.02 apply
to all new development. Existing landscaping which does not comply with the provisions of this
section shall be brought into conformity to the maximum extent possible when: the vehicular use
area is altered or expanded (except for restriping of lots/drives), the building square footage is
changed, or there has been a discontinuance of use for a period of one year or more and a request
for an occupational license to resume business is made. In May 2023, the petitioner indicated
during the Pre-Application meeting for this PUD Amendment that the use of the motel as dwellings
had begun, with some tenants being workers of local businesses and some tenants being individuals
displaced by Hurricane Ian.
Per Code Enforcement Case #CESD20230006969, it was observed that hotel units were being
used for dwellings (apartments) as of August 8, 2023. Subsequently, five Code Enforcement cases
were opened between September 2023 and December 2023 related to building conditions and work
without permits. Two remain open, as described below:
A pending Building Permit (PRCS20240521731) and Site Development Plan Insubstantial Change
(SDPI-PL20240004805) are in the process of remodeling the building into residential units.
Because the Super 8 Motel has been discontinued for at least one year, and the change to residential
use is in process, the 15-foot-wide Type B buffer requirement applies where a multifamily use
borders a commercial use, and existing landscaping which does not comply with the provisions of
this section shall be brought into conformity to the maximum extent possible per the LDC. The
existing buffers do not meet the 15-foot-wide Type B buffer standards, and the petitioner is not
proposing to enhance existing buffers to achieve the equivalent effect of this LDC provision. The
petitioner requests a deviation to allow 5-foot-wide Type A buffers on the north, south, and west
sides of the site in lieu of the required 15-foot-wide Type B buffers and for the 15-foot-wide Type
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August 22, 2024
B buffer required on the east side of Parcel 11 to be located outside the FPL easement in closer
proximity to the building. For additional information on the requested deviations, see page 16 of
this report.
LDC Section 5.03.02.H. contemplates that a wall should be placed between residential and
nonresidential development; specifically, a 6-foot to 8-foot-tall masonry wall, concrete or
prefabricated concrete wall, and/or fence is required on the nonresidential property for protection
of contiguous residences. Given the circumstances of this proposed conversion to residential use
within a commercial/industrial development, the placement of a wall on surrounding
nonresidential properties would not apply to those surrounding property owners. The petitioner is
not proposing any type of wall or barrier on the subject site to achieve the equivalent effect of this
LDC provision.
Adding a residential component to the commercial/industrial PUD warrants adding protections for
residents from any potential adverse impacts caused by the higher intensity surrounding uses. To
ensure better compatibility between the proposed residential and surrounding higher intensity uses,
staff’s recommendation includes a condition to bring the existing landscape buffers into
conformity with the required buffering for residential uses adjacent to commercial uses and the
interstate to the maximum extent possible.
PUD FINDINGS:
LDC Section 10.02.13.B.5 states that “In support of its recommendation, the CCPC shall make
findings as to the PUD Master Plan’s compliance with the following criteria in addition to the
findings in LDC Section 10.02.08”:
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
The site has already been developed with Super 8 Motel. Conversion of the motel building
for use as rental housing units will offer an infill housing project in an area proximate to
employment. The repurposing of the site for residences may be appropriate and suitable
for the area if compatibility is addressed by bringing the existing landscape buffers into
conformity with the required buffering for residential uses adjacent to commercial uses and
the interstate to the maximum extent possible.
The TIS for this request indicates that the proposed change from motel to residential use
will result in a potential reduction of traffic impacts to the surrounding area. Renovation of
the existing hotel will create no external impacts as renovation will occur largely within
the existing structure. The site is located within the Collier County Water-Sewer District’s
service area and is currently served by water and sewer via existing facilities.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contracts, or other instruments, or for amendments in those proposed, particularly
as they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are not to be provided or
maintained at public expense.
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Documents submitted with the application, which were reviewed by the County Attorney’s
Office, demonstrate unified control of the property.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the Growth Management Plan (GMP).
Staff has reviewed this petition and has offered an analysis of conformity with the relevant
goals, objectives, and policies of the GMP within the GMP Consistency section of this staff
report on page 5. The proposed density is not supported by the GMP. This PUD petition
may only be deemed consistent with the Future Land Use Element (FLUE) of the Growth
Management Plan if the companion GMPA (PL20230007876) is approved and goes into
effect and the uses and intensities in this PUD align with those in the GMPA.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and buffering
and screening requirements.
The subject property is located in the Tollgate Commercial Center PUD which is approved
for commercial and light industrial uses. The Future Land Use Designation is Urban
Commercial District, Interchange Activity Center Subdistrict which allows for a mix of
land uses while specifically allowing industrial uses in this southeast quadrant of I-75 and
Collier Boulevard. The actual mix of uses is determined during the rezoning process based
on consideration of the same factors listed under the Mixed-Use Activity Center
Subdistrict.
The petitioner seeks to convert the motel to allow for 110 multi-family residential units in
an area that consists primarily of commercial and industrial uses. The PUD is required to
contain specific language to ensure compatibility between industrial land uses and other
land uses allowed in the Interchange Activity Centers. To address compatibility between
the proposed residential and surrounding higher intensity uses, staff recommends a
condition that the existing landscape buffers be brought into conformity with the
required buffering for residential uses adjacent to commercial uses and the interstate to
the maximum extent possible.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The PUD Amendment request does not include any changes to the previously approved
open space requirements. The petitioner indicates that the PUD currently provides 17.84
acres (17.8% of the gross PUD acreage) designated for preserve and water management
areas as well as other useable open space in the form of required yards, landscaped areas,
and recreation areas, which exceeds the requirement for 30% of the gross acreage within
PUD districts containing commercial, industrial and mixed use including residential per
LDC Section 4.07.02 G.2. No deviation from the required usable open space is being
requested.
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6. The timing or sequence of development for the purpose of ensuring the adequacy of
available improvements and facilities, both public and private.
The roadway infrastructure will continue to be sufficient to serve the proposed project, as
noted in the Transportation Element consistency review. Operational impacts will be
addressed at time of each development order, at which time a new TIS will be required to
demonstrate turning movements for all site access points. The project’s development must
comply with all other applicable concurrency management regulations when development
approvals, including but not limited to any plats and or site development plans, are sought.
Collier County has sufficient treatment capacity for water and wastewater services to the
project. Conveyance capacity must be confirmed at the time of development permit
application. Impact fees are imposed to account for public facility impacts and these will
be required at time of development permitting.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
The area has adequate supporting infrastructure to accommodate this project. The PUD
boundary is not proposed to be modified and cannot be expanded due to existing
development and public roadways bounding the PUD. All proposed changes are limited
to Parcel 11 within the Tollgate Commercial Center PUD, part of which is encumbered by
an FPL easement which further constrains the ability for expanding development area.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations
in the particular case, based on determination that such modifications are justified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations.
The petitioner requests two deviations from the LDC. See the section of the staff report
beginning on page 16 for evaluation of the deviation requests.
Rezone Findings:
LDC Subsection 10.02.08.F states, “When pertaining to the rezoning of land, the report and
recommendations to the planning commission to the Board of County Commissioners…shall show
that the planning commission has studied and considered proposed change in relation to the
following when applicable”:
1. Whether the proposed change will be consistent with the goals, objectives, and policies
of the Future Land Use Map and the elements of the GMP.
Staff has reviewed this petition and has offered an analysis of conformity with the relevant
goals, objectives, and policies of the GMP within the GMP Consistency section of this staff
report on page 5. The proposed density is not supported by the GMP. This PUD petition
may only be deemed consistent with the Future Land Use Element (FLUE) of the Growth
Management Plan if the companion GMPA (PL20230007876) is approved and goes into
effect and the uses and intensities in this PUD align with those in the GMPA.
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2. The existing land use pattern.
The existing land use pattern of the abutting properties is described in the Surrounding
Land Use and Zoning section of this report. The proposed Tollgate Commercial Center
PUDA is located in a quadrant of the I-75 interchange in an urbanized portion of the
County. The pattern is primarily commercial and industrial. The Collier Boulevard/
Interstate 75 Innovation Zone Overlay (CBIIZO) applies to the site; this overlay was
established to attract and retain qualified targeted industry business as defined by Florida
Statutes §288.106.
The proposed addition of residential uses and densities is not supported by the Growth
Management Plan. As such, this PUDA may only be deemed consistent with the Future
Land Use Element (FLUE) of the Growth Management Plan if the companion GMPA
(PL20230007876) is approved and goes into effect and the uses and intensities in this PUD
align with those in the GMPA.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The property is currently zoned PUD and would remain as such.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The existing district boundaries are logically drawn. This petition does not propose any
change to the boundaries of the PUD.
5. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
The proposed change is not necessary but is being requested in compliance with the LDC
provisions to seek such changes. The petitioner believes the PUDA is necessary to
accommodate the proposed uses and densities to meet a demand in the surrounding
community.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
The proposed change is not likely to adversely influence living conditions in the
neighborhood as surrounding uses are primarily heavy commercial and light industrial in
character; however, due to the introduction of residential use on Parcel 11, additional
buffering should be implemented to ensure compatibility for those living on the subject
property in relation to the surrounding more intense uses.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of
peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety.
The roadway infrastructure will continue to have adequate capacity to serve the proposed
project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the
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GMP Transportation Element consistency review. Operational impacts will be addressed
at time of each development order. Additionally, the development must comply with all
other applicable concurrency management regulations when development approvals are
sought.
8. Whether the proposed change will create a drainage problem.
The PUD Amendment request is not anticipated to create adverse drainage impacts in the
area; provided stormwater best management practices, treatment, and storage on this
project are addressed through Environmental Resource Permitting (ERP) with the South
Florida Water Management District (SFWMD). County staff will evaluate the project’s
stormwater management system, calculations, and design criteria at the time of
development order permitting.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
It is not anticipated the changes requested in this PUD Amendment would seriously reduce
light or air to the adjacent areas.
10. Whether the proposed change will adversely affect property values in the adjacent
areas.
This is a subjective determination based upon anticipated results, which may be internal or
external to the subject property. Property valuation is affected by a host of factors including
zoning; however, zoning by itself may or may not affect values, since value determination
is driven by market value.
11. Whether the proposed change will be a deterrent to the improvement or development
of adjacent property in accordance with existing regulations.
The County growth management policies allow for and encourage mix of uses at Activity
Centers. It is not anticipated that the proposed change to allow for 110 multi-family
dwelling units, which will displace the previously approved and more intense land use
including 104 hotel/motel units on Parcel 11, would be a deterrent to development or
improvement of commercial uses allowable on adjacent property.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare.
If the proposed development is found to comply with the GMP through approval of the
proposed companion amendment (GMPA-PL20230007876), then that constitutes a public
policy statement supporting the zoning action as being consistent with GMP policy. In light
of this fact, the proposed change does not constitute a grant of special privilege if it is found
by a policy decision through the public decision-making process to be to be in the public
interest.
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13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
The subject property can be used in accordance with existing zoning; however, the
proposed use and densities cannot be achieved without amending the PUD, the GMP, and
the DRI Development Order.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County.
The County has a recognized need for housing that is affordable, thus approval of a higher
density residential project at this location may help the County achieve that objective.
Approval of the companion GMP Amendment petition (PL20230007876) to create a new
subdistrict within the Urban Commercial District, Interchange Activity Center Subdistrict
called Tollgate Housing Parcel is necessary to develop the project at the desired density.
15. Whether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
The petition was reviewed based on the materials submitted and information gathered that
relate to the subject site, and staff does not review other sites in conjunction with a specific
petition.
16. The physical characteristics of the property and the degree of site alteration, which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
A pending Building Permit (PRCS20240521731) and Site Development Plan Insubstantial
Change (SDPI-PL20240004805) are in process for remodeling of the building into
residential units.
For a more compatible outcome of the conversion from commercial to residential use, staff
recommends bringing the existing landscape buffers into conformity with the required
buffering for residential uses adjacent to commercial uses and the interstate to the
maximum extent possible.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
Public facility capacities have been reviewed as part of this application process. The
activity proposed by this amendment will have no adverse impact on public facility
adequacy.
18. Such other factors, standards, or criteria that the Board of County Commissioners
shall deem important in the protection of public health, safety, and welfare.
To be determined by the Board during its advertised public hearing.
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DEVIATION DISCUSSION:
The Tollgate Commercial Center PUD was approved via Ordinance 92-10, and amended most
recently by Ordinance 2017-15, with no deviations approved to date. The petitioner is proposing
two deviations. The deviations are directly extracted from the draft PUD Ordinance, Section VI,
and apply only to Parcel 11 of the Master Plan. The petitioner’s justification and staff
analysis/recommendation are listed below.
Deviation # 1: (Landscape Buffers)
Relief from LDC Section 4.06.02 A, which requires Type B landscape buffers between separate
residential and commercial development, to instead allow for 5-foot “Type A” landscape buffers
on the north, south and west side of Parcel 11 and for a 15-foot Type B buffer on the east side of
Parcel 11 to be located outside of the FPL easement in the median area on the east side of the
building in Parcel 11.
This deviation applies to the reuse of the existing building on Parcel 11 only and does not apply if
the existing building on Parcel 11 is demolished or if the existing adjacent parking lot is
redeveloped with a new use.
Petitioner’s Justification:
The Applicant is requesting this buffer deviation applicable to Parcel 11 for the reuse of the
hotel for affordable multifamily dwellings. The subject property is currently developed as a
Super 8 Motel and 5-foot Type A buffers were required for commercial uses in the PUD.
This deviation proposes to maintain the buffer standards that were in place for the north,
south and east property boundaries when the motel was developed, and which now include
mature vegetation.
Additionally, the easternmost portion of the property is encumbered by an FPL easement
and mature vegetation exists within the median area on the east side of the building. The
deviation would also require additional planting in this area to satisfy the requirements for
a 15-foot Type B buffer.
Adjacent properties to the south and east of the property include low intensity storage and
parking uses. This deviation reflects the fact that the parcel will not change and differs from
traditional multi-family housing which includes yards, common green space, or lanais and
balconies which interface directly with external surrounding uses with higher levels of
commercial traffic. Approval of the deviation provides significant cost savings to delivering
bonafide affordable housing to the market.
LDC section 4.06.02.A notes that existing landscaping shall be brought into conformity to
the maximum extent possible when the vehicular use areas is altered or expanded, the
building square footage is changed, or a use is discontinued for one year. The transition of
the property to allow for multi-family uses will not require alteration or expansion of the
vehicular use area, or any change to the building square footage, and there has not been a
discontinuance of use. In addition to maintaining the intent of the Landscape Code, this
deviation maximizes the use and benefit of existing mature landscaping on site and
facilitates the rapid conversion of units to permanent multifamily dwelling units.
For these reasons, the requested deviation will not have a detrimental effect on the public
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August 22, 2024
health, safety or welfare.
Staff Analysis and Recommendation:
In May 2023, the petitioner indicated during the Pre-Application meeting for this PUD
Amendment that use of the motel as dwellings had begun with some tenants being workers of local
businesses and some tenants being individuals displaced by Hurricane Ian. Therefore, staff finds
that there has been a discontinuance of the Super 8 Motel use for a period of one year or more and
a request for a change of use has been made. Under these circumstances, the existing landscaping
shall be brought into conformity to the maximum extent possible per LDC Section 4.06.02.A.
The proposed deviation to allow for 5-foot “Type A” landscape buffers on the north, south and
west side of Parcel 11 is not “justified as meeting public purposes to a degree at least equivalent
to literal application of such regulations” as required by LDC section 10.02.13.B.5.h.
Below is a view of the north property line abutting the I-75 on-ramp, which does not currently
provide the concentration of trees and shrubs typically required for parking lots, let alone
residences.
The landscape buffer standards that apply to properties developing in accordance with CBIIZO
standards should also be applied to this property to the greatest extent possible. This accomplishes
the intent of the LDC to maintain a consistent appearance at the I-75 interchange (Activity Center
#9) that serves as a gateway to Collier County, and it accomplishes the intent of the LDC to provide
higher degrees of buffering and screening for residential development abutting more intense uses,
such as an Interstate highway.
To bring the existing landscaping into conformity with the required buffering for residential
uses adjacent to commercial uses and the interstate to the maximum extent possible, staff
recommends DEVIATION #1 BE MODIFIED as follows:
(PROPOSED MODIFIED) Deviation # 1: (Landscape Buffers) seeks relief from LDC Section
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4.06.02 A, which requires landscape buffers between residential and commercial development, to
instead allow the following:
a. The eastern buffer may be accomplished by providing the vegetation required for a Type
B buffer in the “median” area shown on Exhibit E-1 provided that the land encumbered
by the FPL easement remains undeveloped and not used for parking. In the alternative,
a minimum 10-foot wide Type B buffer shall be provided along the eastern boundary
line of Parcel 11 contingent upon agreement from FPL.
This applies to the reuse of the existing building on Parcel 11 only and does not
apply if the existing building on Parcel 11 is demolished or if the existing parking
lot located in the FPL easement is redeveloped with a new use.
b. Vegetation required for a Type B buffer shall be provided where Parcel 11 is adjacent
to the Eastern and Southern boundary of the commercial parcel to the West (Comfort
Inn).
c. In addition to the requirements of Section 4.06.00, adjacent to the 1-75 right of way line,
the Type D buffer shall be enhanced as follows:
1. The required number of trees for a Type D buffer shall be supplemented by an
additional palm or canopy tree planting in the amount of 25%; and
2. All required trees shall be a minimum of 12 feet in height at installation.
Deviation # 2: (Parking Space Requirements)
Relief from LDC Section 4.05.04 G, which requires one parking space per multi-family dwelling
unit plus 0.5 spaces per each efficiency unit as well as additional parking for recreational facilities
and other common uses identified in LDC Section 4.05.04 G Table 17, to allow for a total of 165
parking spaces to satisfy the parking requirement within Parcel 11. This deviation does not apply
if the existing building on Parcel 11 is demolished.
Petitioner’s Justification:
The Applicant is requesting this parking deviation for the reuse of the existing building on
Parcel 11. The current hotel use will transition to a multi-family building with limited site
work. This deviation will allow for the existing parking spaces to continue to serve the
residents on the property.
All recreation facilities serving the residents are integrated with the development and not
intended to serve the general public. Additionally, all residences are within 300 feet of the
recreation facilities and located in the same building. As a result, no additional parking
spaces will be needed for residents to utilize the recreation facilities.
This deviation is only proposed to apply to the reuse of the existing building. If the existing
building is demolished for redevelopment of the site, the parking space requirements in
effect at that time would apply.
For these reasons, the requested deviation will not have a detrimental effect on the public
health, safety or welfare.
Staff Analysis and Recommendation:
The requested deviation will provide the required 1.5 parking spaces per unit (1.5 spaces per unit
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August 22, 2024
x 110 units = 165 parking spaces required). Because the recreational facilities and other common
uses are small-scale and not likely to generate additional traffic or require residents to travel by
car to access, the deviation to allow relief from the additional parking requirement for recreational
facilities and other common uses identified in LDC Section 4.05.04 G Table 17, to instead require
no additional parking for recreational facilities and other common uses accessory to multi -family
dwellings within Parcel 11.
Staff recommends APPROVAL, finding that the deviation can be approved “without detrimental
effect on the health, safety, and welfare of the community” in compliance with LDC Section
10.02.13.A.3, and the deviation is “justified as meeting public purposes to a degree at least
equivalent to literal application of such regulations” per LDC Section 10.02.13.B.5.h.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The applicant conducted a NIM on June 26, 2024, at Sheperd of the Glades Church, Hanson Hall,
6020 Rattlesnake Hammock Road, Naples, FL 34113. The meeting was not attended by any
members of the public. See Attachment D for the NIM documentation.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
This project does not require an Environmental Advisory Council (EAC) review, as this project
did not meet the EAC scope of land development project reviews as identified in Section 2-1193
of the Collier County Codes of Laws and Ordinances.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney’s Office reviewed this staff report on August 26, 2024.
RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) forward this petition to
the Board of County Commissioners (BCC) with a recommendation of approval of the PUDA,
subject to the approval of the companion GMPA (PL20230007876) with an effective date linked
to the effective date of the companion GMPA, and subject to the following conditions:
1. Increase the commitment from 22.7% to at least 30% of the residential units to be set aside
as affordable, consistent with previous Board of County Commissioner policy. The 30%
requirement would result in an additional eight (8) affordable set-aside units (4 at 80%AMI
+ 4 at 100%AMI).
2. Modify the language and conditions of Deviation 1 to read as follows to bring the existing
landscaping into conformity with the required buffering for residential uses adjacent to
commercial uses and the interstate:
Deviation # 1: (Landscape Buffers) seeks relief from LDC Section 4.06.02 A, which
requires landscape buffers between residential and commercial development, to instead
allow the following:
a. The eastern buffer may be accomplished by providing the vegetation required for a Type
B buffer in the “median” area shown on Exhibit E-1 provided that the land encumbered
by the FPL easement remains undeveloped and not used for parking. In the alternative,
a minimum 10-foot wide Type B buffer shall be provided along the eastern boundary
line of Parcel 11 contingent upon agreement from FPL.
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This applies to the reuse of the existing building on Parcel 11 only and does not
apply if the existing building on Parcel 11 is demolished or if the existing parking
lot located in the FPL easement is redeveloped with a new use.
b. Vegetation required for a Type B buffer shall be provided where Parcel 11 is adjacent
to the Eastern and Southern boundary of the commercial parcel to the West (Comfort
Inn).
c. In addition to the requirements of Section 4.06.00, adjacent to the 1-75 right of way line,
the Type D buffer shall be enhanced as follows:
1. The required number of trees for a Type D buffer shall be supplemented by an
additional palm or canopy tree planting in the amount of 25%; and
2. All required trees shall be a minimum of 12 feet in height at installation.
Attachments:
A) Draft Ordinance
B) Exhibit B – Super 8
C) Application/Backup Materials
D) NIM Documentation
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[24-CPS-02446/1862436/1]39 1 of 2
Tollgate Commercial Center – PL20230007874
10/15/24
ORDINANCE NO. 2024-_____
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE
NUMBER 92-10, AS AMENDED, THE TOLLGATE COMMERCIAL
CENTER PLANNED UNIT DEVELOPMENT (PUD), WITHIN THE
COLLIER BOULEVARD/INTERSTATE 75 INNOVATION ZONE
OVERLAY (CBIIZO), BY AMENDING THE PUD DOCUMENT TO
ALLOW DEVELOPMENT OF 110 MULTI-FAMILY RENTAL UNITS
WITH AFFORDABLE HOUSING ON PARCEL 11 OF THE
COMMERCIAL AREAS, “A” PARCELS, AS SHOWN ON THE PUD
MASTER PLAN, AS AN ALTERNATIVE TO COMMERCIAL USES;
AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT
PROPERTY IS LOCATED ON THE EAST SIDE OF COLLIER
BOULEVARD, NORTH OF BECK BOULEVARD AT 3880 TOLLGATE
BOULEVARD IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA (PL20230007874)
WHEREAS, on February 11, 1992, the Board of County Commissioners adopted
Ordinance No. 92-10, which established the Tollgate Commercial Center Planned Unit
Development (the ”Tollgate PUD”); and
WHEREAS, the Tollgate PUD was subsequently amended by Ordinance Nos. 93-91, 15-
49 and 17-15; and
WHEREAS, K2 Housing Naples, LLC represented by Jem Frantz, AICP, RVI Planning
& Landscape Architecture and Richard D. Yovanovich, Esquire of Coleman, Yovanovich &
Koestner, P.A., petitioned the Board of County Commissioners to further amend the Tollgate
PUD.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendment to PUD Document.
Exhibit “A”, the PUD Document, attached to Ordinance No. 92-10, as amended, is
hereby amended and replaced with the Exhibit “A” attached hereto and incorporated herein.
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. 2024-____ becomes
effective.
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[24-CPS-02446/1862436/1]39 2 of 2
Tollgate Commercial Center – PL20230007874
10/15/24
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this _______ day of ____________________, 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: _______________________ By: _____________________________
Deputy Clerk Chris Hall, Chairman
Approved as to form and legality:
______________________________
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A – PUD Document and Master Plan
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PLANNED UNIT DEVELOPMENT
TOLLGATE COMMERCIAL CENTER
PREPARED BY:
RICHARD D. YOVANOVICH
COLEMAN, YOVANOVICH & KOESTER, P.A.
4001 TAMIAMI TRAIL NORTH, SUTIE 300
NAPLES, FLORIDA 34103
(239) 435-3535
And
ROBERT L. DUANE
ROBERT L. DUANE & ASSOCIATES, A.I.C.P
4880 TAMARIND RIDGE DRIVE,
NAPLES, FLORIDA 34119
(239) 353-4167
JEM FRANTZ, A.I.C.P.
RVI PLANNING + LANDSCAPE ARCHITECTURE
28100 BONITA GRANDE DRIVE,
BONITA SPRINGS, FLORIDA 34135
(239) 405-7777
DATE REVIEWED BY CCPC: _________
DATE APPROVED BY BCC: _________
ORDINANCE NUMBER: _________
AMENDMENTS AND REPEAL: _________
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TABLE OF CONTENTS
PAGE(S)
LIST OF EXHIBITS AND TABLE 3
STATEMENT OF COMPLIANCE 4
SECTION I PROPERTY OWNERSHIP & DESCRIPTION 5 - 9
SECTION II PROJECT DEVELOPMENT REQUIREMENTS 10 - 12
SECTION III COMMERCIAL AREAS PLAN FOR PARCEL "A" 13 – 18
13 - 17
SECTION IV COMMERCIAL/LIGHT INDUSTRIAL AREAS 19 - 23
FOR PARCEL "B" 18 - 22
SECTION V GENERAL DEVELOPMENT COMMITMENTS 24 – 28
23 – 27
SECTION VI DEVIATIONS 29
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LIST OF EXHIBITS AND TABLES
EXHIBIT “A” PUD Master Plan
TABLE I Schedule of Development
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STATEMENT OF COMPLIANCE
The development of approximately 100.23 acres of property in Collier County and within an
Interchange Activity Center, as a Planned Unit Development to be known as Tollgate Commercial
Center, will be in compliance with the planning goals and objectives of Collier County as set forth
in the Growth Management Plan and its provisions for Interchange Activity Center development.
This compliance includes:
Activity Center Project
1. The subject property is located in an area identified as an Interchange Activity Center in
the Future Land Use Element (FLUE) of the Growth management Plan for Collier County.
2. Interstate Activity Centers are the preferred locations for the concentration of commercial
and mixed use development activities.
3. The subject tract is located on the northeast corner of the intersection of CR-951 and CR-
84. This strategic location allows the site superior access for the placement of
commercial/industrial activities.
4. The project is in compliance with all applicable County regulations. In addition, the project
complies with the Growth Management Plan with the adoption of the Plan amendment
which allows for specifically approved heavy business/light industrial uses, residential
uses, and mixed-use developments to be developed in designated interstate activity centers.
5. The project will be served by a complete range of services and utilities as approved by the
County.
6. The project is compatible with adjacent land uses through the internal arrangement of
structures, the placement of land use buffers and the proposed development standards
contained herein.
7. The Planned Unit Development includes open spaces and naturalized open features which
serve as project amenities.
8. The project shall be developed in accordance with the approved Master Development Plan
and the existing PUD document as approved. In addition, the project shall be developed in
accordance with all Collier County regulations in effect at the time of Final SDP or building
permit application.
9. Bind the owner's successor in title to any commitments made under in this document.
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SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name of Tollgate Commercial Center.
1.2 LEGAL DESCRIPTION
Commencing at the southeast corner of Section 35, Township 49 South, Range 26 East,
Collier County Florida; thence along the east line of said Section 35 North 1 ° - 56' -55"
West 200.14 feet to a point on the north right-of-way line of State Road 84 (Alligator
Alley); thence along said north right-of-way line, North 89° -45' -01" West 331.23 feet to
a point of intersection of said north right-of-way line of State Road 93 (I-75), and the Point
of Beginning of the parcel herein described; thence continue along said right-of-way line
of State Road 84 (Alligator Alley) on the following five courses:
1) North 89° -45' -0 I" West 2398.66 feet;
2) South 89° -56' -16" West 1547.43 feet;
3) North 80° -43' -58" West 709.38 feet;
4) North 39° -52' -42" West 209.91 feet;
5) North 10° -24' -33" West 209.94 Feet to a point on the East Limited Access, right-
of way line of State Road 93 (1-75);
thence continue along said Limited Access, right-of-way line of State 93 (I-75) on the
following nine courses:
1) North 3° -19' -52" East 285.34 feet;
2) North 23° -37' -28" East 149.83 feet;
3) North 64° -12' -39" East 149.83 feet;
4) North 86° -37' -0 l" East 778.54 feet;
5) South 87° -55' -12" East 318.82 feet;
6) South 78° -44' -38" East 318.32 feet;
7) South 74° -09' -17" East 1199.30 feet;
8) South 73° -00' -33" East 1904.96 feet;
9) southeasterly 233.67 feet along the arc of a circular curve concave to the northeast,
having a radius of 116.2116 feet, subtended by a chord which bears South 75° -35' -07''
East 223.67 feet to the north right-of-way line of State Road 84 (Alligator Alley); and the
Point of Beginning of the parcel herein described; being a part of south ½, Section 35,
Township 49 South, Range 26 East, Collier County, Florida; subject to easements and
restrictions of records; containing 69.40 acres of land more or less; bearings are based on
Florida Department of Transportation right-of-way map for State Road 93 (1-75).
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ALSO INCLUDING THE FOLLOWING:
Description of part of Section 35, Township 49 South, Range 26 East, and part of Section
2, Township 50 South, Range 26 East, Collier County, Florida
COMMENCE at an iron pipe marking the Northeast Corner of said Section 2; thence North
89° 45' 01" West, 337.83 feet along the North line of said Section 2 for a POINT OF
BEGINNING; thence South 00° 02' 19" East, 59.98 feet; thence South 89° 57' 41" West,
2,300.70 feet; thence on a course traversing from said Section 35, South 89° 56' 02" West,
2,448.74 feet; thence North 45° 46' 16" West, 71.58 feet; thence North 01° 28' 34" West,
705.25 feet to the Easterly Limited Access R/W Line of S.R. 951 (Section 03175-2409);
thence South I 0° 24' 33" East, 209.94 feet; thence South 39° 52' 42" East, 209.91 feet;
thence South 80° 43" 58" East, 709.38 feet; thence North 89° 56' 16" East, 1,547.43 feet;
thence South 89° 45' 0I" East, 2,396.67 feet to the Southerly Existing Limited Access R/W
Line of S.R. 93 (03175-2409); thence South 00° 02' 19" East, 200.00 feet to the POINT
OF BEGINNING.
Less and except the East 100.00 feet thereof.
Containing 30.835 acres, more or less.
All of Tollgate Commercial Center, Phase One, as recorded in Plat Book 16 Page 1, public
records of Collier County, Florida;
and
All of Tollgate Commercial Center, Phase Two, as recorded in Plat Book 18 Pages 23-24,
public records of Collier County, Florida;
and
All of Tollgate Commercial Center, Phase Three, as recorded in Plat Book 22 Pages 95-
100, public records of Collier County, Florida.
The entire project area is 100.235 acres.
Number of acres devoted to various categories of land use:
Development area 70.72
Water management area 17.84
Road Right-of-Way 6.7
F.P.L Easement 4.98
GENERAL LOCATION OF PROJECT SITE
Tollgate Commercial Center is located in the southeast quadrant of the Interstate 1-75/CR-
951 interchange, approximately five miles east of the Naples Airport at the eastern terminus
of Davis Boulevard (SR 84).
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1.3 PROPERTY OWNERSHIP
The ownership of this property on April 25th, 2017 is Toll Gate Naples LLC, and Sky Angel
Center LLC.
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1.43 GENERAL DESCRIPTION OF PROPERTY AREA
A. COMPREHENSIVE PLAN DESIGNATION: The project site is designated
Interstate Interchange Activity Center on the Collier County Growth Management
Plan.
B. CURRENT ZONING: The project site is currently zoned PUD.
C. EXISTING LAND USE: At the present time the site is unoccupied except for a 104
room motel.
D. ADJACENT LAND USE: The adjacent lands are predominately vacant at the
present time. The northwest and southwest corners of CR 951 and SR 84 are
presently used as gasoline service stations.
The properties north of the I-75 right-of-way and the properties south of CR 84 are
vacant.
1.54 PHYSICAL DESCRIPTION
The elevation of the project site varies from 9.8 feet to 11.6 feet. Tollgate Commercial
Center lies within Zone X as identified on the Federal Flood Insurance Rate Map. Zone X
is identified as those areas between limits of the 100-year flood and 500-year flood. This
means that no development will be occurring within the 100-year flood prone area.
A. SOILS: There are three types of soil cover on the project site. They are Arzell fine
sands, Keri fine sands and Pompano fine sands. The distribution of these soil types
is shown in Map E.
B. VEGETATIVE COVER: A breakdown of the vegetative cover of the project area
is as follows:
VEGETATION COMMUNITY ACREAGE
Pineland 1.00
Saw Palmetto/Rusty Lyonia 4.21
Transitional Zone/Cypress 29.40
Functional Wetland 9.40
Cabbage Palm Heads .30
Improved/Platted 30.67
Cleared/Filled Unplatted Former R/W 21.66
F.P.L. R/W 3.60
TOTAL 100.24
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There are no unique features of the vegetation. All species and associations are
"typical" for soil types common to pine flatwoods of level sandy areas of Collier
County.
C. WILDLIFE: Wildlife, observed or noted from tracks, nests, etc. consisted of the
representative species, such as raccoon, snakes and wading birds, which normally
occur in a habitat such as the Tollgate Commercial Center site.
No endangered or threatened species were observed on the site.
D. HISTORICAL OR ARCHAEOLOGICAL SITES: John Beriault, Field
Representative of the S.W. Florida Archaeological Society, searched for such sites
and believes none exist on the tract.
E. WASTEWATER MANAGEMENT: Waste water treatment is being provided by
the Collier County Sewage Treatment System. Temporary on-site wastewater
treatment facilities for which all necessary permits have been granted may be
installed during any period of time in which sewage treatment service is not
available from Collier County.
F. WATER MANAGEMENT: The Water Management Plan provides for site runoff
transport to a system of hardwood forest, marsh, and open water ponds. The Water
Management Plan is designed to meet SFWMD and County criteria.
Minimum road elevations and discharge control will be designed for the 25-year,
3-day rainfall event. The finished floor elevations will be established by the 100
year-zero discharge design event.
G. WATER SUPPLY: Potable water is being supplied by the Collier County Water-
Sewer District.
Non-potable water utilized for landscape irrigation and other non-human
consumptive uses will be procured from on-site wells, or from the County treated
sewage effluent distribution system.
H. SOLID WASTE: Solid waste is being disposed of at the Collier County Sanitary
Landfill. Collection is provided by Waste Management of Collier County, a
franchised hauler.
I. ELECTRICITY: Electricity is being provided by the Florida Power & Light
Company, Inc.
J. POLICE PROTECTION: Police protection is provided by the Collier County
Sheriff Department.
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K. FIRE PROTECTION: Fire protection is provided by the Golden Gate Fire Control
and Rescue District.
L. TELEPHONE: Telephone service is provided by United Telephone of Florida.
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally described the project plan of
development, relationships to applicable County ordinances, the respective land uses of the
tracts included in the project, as well as other project relationships.
2.2 GENERAL
A. Regulations, requirements and references for development of Tollgate Commercial
Center shall be in accordance with the contents of this document. Where these
regulations fail to provide development standards, then the provisions of the most
similar district in the Collier County Land Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in Collier County Land Development Code.
C. All conditions imposed and all graphic material presented depicting restrictions for
the development of Tollgate Commercial Center shall become part of the
regulations which govern the manner in which the PUD site may be developed.
D. Unless specifically waived through variance or waiver provisions within the PUD,
those applicable regulations not otherwise provided for in this PUD remain in full
force and effect.
E. Each tract, as identified on the Master Plan, shall require the submittal, review and
subsequent approval of a Site Development Plan prior to the issuance of a Final
Local Development Order.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan is illustrated graphically by Exhibit "A", PUD Master
Development Plan.
SCHEDULE OF DEVELOPMENT
Project development is underway and will continue to build-out.
The following schedule indicates the anticipated start and completion dates for the
various project development Phases. Phase boundaries are indicated on the Master
Development Plan.
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TABLE I
% OF
PHASE ACREAGE SITE START COMPLETE
I 54.51 54.4 1988 1993
II 26.44 26.4 1992 1995
III 19.29 19.2 1993 1996
TOTALS 100.24 100.0
A. Table I is a schedule of Development, with the approximate acreage of the total
project indicated. The arrangement of these land areas are shown on the PUD
Master Development Plan (Exhibit “A”). The Master Development Plan is an
illustrative preliminary development plan. Design criteria and layout is illustrative
on the Master Development Plan and other exhibits supporting this project. It shall
be understood that these exhibits are to remain flexible so the final design may
satisfy development objectives and be consistent with the project development, as
set forth in this document.
Minor changes to the master plan shall be subject to the provisions of Section
10.02.13.E. - Planned Unit Development (PUD) Procedures of the Collier County
Land Development Code. The final size of the open space lands will depend on the
actual requirements for drive patterns, parking layout and requirements, and
development parcel size and configuration.
B. In addition to the various areas and specific items shown in Exhibit “A”, such utility
and other easements as are necessary shall be established within or along the
various tracts.
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Record Plat, for all or part of the PUD, final plans of all
required improvements shall receive approval of the appropriate Collier County
governmental agency to insure compliance with the PUD Master Plan, and the
Collier County Land Development Code.
B. Exhibit “A”, PUD Master Development Plan, constitutes the required PUD
Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary
Subdivision Plat, if applicable, shall be submitted for any area to be subdivided.
Any division of property and the development of the land shall be in compliance
with the Collier County Land Development Code and the platting laws of the State
of Florida.
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C. The development of any tract or parcel contemplating fee simple ownership of land
shall be required to submit and receive approval of a Preliminary Subdivision Plat
in conformance with Section 10.02.04. - Requirements for Preliminary and Final
Subdivision Plats of the Collier County Land Development Code, prior to the
submittal of construction plans and plat for any portion of the tract or parcel.
D. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications and method for providing perpetual
maintenance of common facilities.
E. The developer or subsequent owner of any platted parcel or platted tract shall, prior
to application for a building permit, submit a Site Development Plan (SDP) or
Preliminary Subdivision Plat for the tract or parcel to the Development Services
Department for approval for applicable development subject to the provisions of
the Collier County Land Development Code.
2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in Section 10.02.13.E. - Planned Unit
Development (PUD) Procedures of the Collier County Land Development Code.
2.6 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL
As provided for within Section 10.02.13.D. - Planned Unit Development (PUD)
Procedures of the Collier County Land Development Code.
2.7 POLLING PLACES
As provided for in Section 2.01.04- Polling Places of the Collier County Land
Development Code.
2.8 PUD MONITORING
An annual monitoring report shall be submitted pursuant to Section 10.02.13.F. - Planned
Unit Development (PUD) Procedures of the Collier County Land Development Code.
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SECTION III
COMMERCIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify the type of Commercial Uses and development
standards that will be applied to the areas so designated on Exhibit “A”, as “A” Parcels.
3.2 DEVELOPMENT INTENT FOR PARCEL “A”
It is the intent of this document that “A” designated development parcels be used for
commercial purposes which serve the motoring public using Interstate I-75 as well as
providing limited commercial goods and services of an area-wide nature for the Naples,
Marco Island, Golden Gate and the Immokalee urban areas.
Further it is the intent of this document that “A” designated development parcels shall be
used in accordance with all current Federal, State and County regulations in effect at the
time final local development orders are issued except as specified otherwise in this
document by the Collier County Board of County Commissioners.
3.3 COMMERCIAL USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Principal Uses
No building or structure, or part thereof, shall be erected, altered or used or land or
water used, in whole or in part, for other than the following:
(a) Automobile service stations including engine tune-ups and minor repairs,
and car wash facilities which are accessory uses.
(b) Banks and financial institutions, business and professional offices.
(c) Cocktail lounges and commercial entertainment.
(d) Convention and exhibition halls.
(e) Department stores; drug stores; dry cleaning shops and dry goods stores.
(f) Electronic games and furniture sales.
(g) Ice cream shops and dairy drive-in stores.
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(h) Motels; hotels and other transient lodging facilities.
(i) Research and design labs; restaurants and fast food restaurants.
(j) Shopping centers.
(k) Souvenir stores and stationery stores.
(I) Supermarkets
(m) Variety stores; vehicle rental-automobile and U-haul type of vehicles and
equipment including outside display; veterinary offices and clinics; no
outside kenneling.
(n) Any other commercial or professional service which is comparable in nature
with the foregoing uses and which the Planning Implementation Director
determines to be compatible in the district.
B. Permitted Accessory Uses and Structures
(a) Any accessory uses or structures customarily associated with the permitted
principal uses and structures.
(b) Caretakers residence.
C. Permitted Provisional Uses and Structures
(a) Car wash facilities which are principal uses.
(b) Permitted uses with less than one thousand (1,000) square feet gross floor
area in the principal structure.
3.3.1. Institutional Uses Permitted
A. Uses permitted
In addition to the uses set forth in Section 3.3., the following principal uses
are permitted on the property described on Tracts 7, 8, 9, on the PUD Master
Plan Exhibit A.
-Amusements and Recreational Services, Not Elsewhere Classified (SIC
Code 7999):
limited to: - Gymnastics, Instruction, Judo Instruction, Karate Instruction,
Yoga Instruction, Scuba and Skin Diving Instruction, and Day Camps.
-Business Associations (SIC Code 8611)
-Child Daycare Services (SIC Code 8351)
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-Civil and Fraternal Organizations (SIC Code 8641)
-Dance Studios and Schools (SIC Code 7911)
-Job Training and Vocational Rehabilitation Services (SIC Code 8331)
-Physical Fitness Facilities (SIC Code 7991)
-Professional Membership Organizations (SIC Code 8621)
-Religious Organizations (SIC Code 8661)
-Social Services (SIC Code 8322): Excluding: Alcoholism Counseling,
Non-Residential Except Medical Treatment, Offender Rehabilitation
Agencies, Parole Offices, Probation Offices, and Offender self-help
agencies.
B. Permitted Accessory Uses and Structures.
(a) Any accessory uses or structures customarily associated with the
permitted principal uses and structures.
3.3.2. Residential Uses Permitted
A. Uses permitted.
1. In addition to the uses set forth in Section 3.3., 110 multi-family rental
dwellings are permitted on the property described on Parcel 11 on the
PUD Master Plan Exhibit A, as an alternative to Commercial Uses in
Section 3.3, subject to the following restrictions:
a) Thirty-three (33) units (collectively referred to as “Set Aside Units”)
shall be restricted as follows:
1) Twelve (12) units shall be rented to households whose incomes
are up to and including 80% of the Area Median Income (AMI)
for Collier County and the corresponding rent limits.
2) Twenty-one (21) units shall be rented to households whose
incomes are up to and including 100% of the AMI for Collier
County and the corresponding rent limits.
b) There will be no income restrictions on the remaining units on Tract
11. However, the remaining units will be rent restricted at a rent equal
to or less than rents permitted for households whose incomes are up
to and including 120% of the AMI for Collier County. These rent
restrictions will be committed for a period of 30 years from the date
of issuance of certificate of occupancy of the first unit following
conversion of the hotel unit to a multi-family unit. Rent limits may be
adjusted annually based on the rent limit table published by the Florida
Housing Finance Corporation of the U.S. Department of Housing and
Urban Development.
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c) The Set Aside Units shall be committed for a period of 30 years from
the date of issuance of certificate of occupancy of the first Set Aside
Unit. Income and rent limits may be adjusted annually based on
combined income and rent limit table published by the Florida
Housing Finance Corporation or as otherwise provided by Collier
County.
d) By way of example, the 2024 Florida Housing Finance Corporation
Income and Rent Limits for Collier County are:
2024
Collier
County
Median
Household
Income
$104,300
Income Limit by Number
of People in Unit
Rent Limit by Number of
Bedrooms in Unit
Percentage Category 1 2 0 1 2
30% Extremely Low $21,930 $25,050 $548 $587 $704
50% Very Low $36,550 $41,750 $913 $978 $1,173
60% n/a $43,860 $50,100 $1,096 $1,174 $1,408
80% Low $58,480 $66,800 $1,462 $1,566 $1,878
120% Moderate $87,720 $100,200 $2,193 $2,349 $2,817
140% Gap $102,340 $116,900 $2,558 $2,740 $3,286
Income and rent limits may be adjusted annually based on combined
income and rent limit table published by the Florida Housing Finance
Corporation or as otherwise provided by Collier County.
e) Each Set Aside Unit shall initially be held vacant and advertised for
employees of Moorings, Incorporated, and affiliates, or other health
care providers, teachers, first responders, hospitality workers and
government employees for a minimum of 90 days prior to the issuance
of a certificate of occupancy for that unit. If any units remain available
for rent following the expiration of this 90-day period, then the unit
may also be offered to the general public at the rent restricted rate.
1) Each Set Aside Unit will be held vacant and advertised for a
minimum of 90 days from the date the unit is first built and for
forty-five (45) days after said unit becomes available again for
rental, unless it is rented to an income qualifying resident. In the
event that no individual identified in subsection A.1.a) above rents
the available Set Aside Unit, then the unit may also be offered to
the general public, but shall remain a Set Aside Unit and be rent
and income restricted accordingly.
2) At a minimum, advertising will consist of providing written notice
to the Collier County Community and Human Services Division
and the human resource departments for local hospitals, the
Collier County Public School District, Collier County
Government, other municipalities within Collier County, all EMS
and fire districts, and the Collier County Sheriff's Office.
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f) There shall be onsite management at the PUD property at all times.
g) No more than two individuals shall be allowed to reside/occupy in a
unit at any given time.
B. Permitted Accessory Uses and Structures.
Any accessory uses or structures customarily associated with residential
units.
3.4 DEVELOPMENT STANDARDS
(1) Minimum Lot Area: Ten thousand (10,000) square feet.
(2) Minimum Lot Width: One hundred (100) feet as measured at the front building
setback line.
(3) Minimum Yard Requirements:
(a) Front Yard-Twenty-five (25) feet plus one (1) foot for each two (2) feet of
building height over fifty (50) feet.
(b) Side Yard - None or a minimum of five (5) feet with unobstructed passage
from front to rear yard for non-residential uses. Fifteen (15) feet for motels,
hotels, multi-family units, and transient lodging facilities plus one (1) foot
for each two (2) feet of building height over fifty (50) feet.
(c) Rear Yard -Twenty-five (25) feet.
(d) Waterfront - Twenty-five (25) feet from the normal water line of any
artificially created body of water, excluding observation decks, bridges and
walkways.
(4) Maximum Height: One hundred (100) feet.
(5) Minimum Floor Area of Principal Structure: One thousand (1,000) square feet per
building on the ground floor, except that gasoline service stations and other
permitted areas for which the principal activity does not occur in a structure shall
not require a minimum floor area.
a. Minimum Floor Area for Residential Units: 250 square feet.
Pursuant to Section 6 Paragraph 13 of Ordinance No. 2023-65 as amended
and as codified in Chapter 22, Article IV of the Code of Laws and
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Ordinances, the minimum unit size for a multi-family dwelling unit is 250
square feet for two occupants. New multi-family units, including
redevelopment, shall comply with the minimum size requirements in county
ordinances. No more than two individuals shall be allowed to reside/occupy
in a unit at any given time.
(6) Maximum Density:
a. Twenty-six (26) units per gross acre of land for hotels, motels or transient
lodging facilities.
b. Residential density: a maximum of 110 multi-family residential rental units
may be located on Parcel 11 only (22 dwelling units per acre) as shown on
the Master Plan Exhibit A.
(7) Distance between Principal Structures on same Site: one-half the sum of the
heights.
(8) Signs: As required by Section 5.06.00 - SIGN REGULATIONS AND
STANDARDS BY LAND USE CLASSSIFICATION of the Land Development
Code.
(9) Minimum Off-Street Parking and Off-Street Loading Requirements: As required
by Section 4.05.00 of the Collier County Land Development Code.
(10) Minimum Landscaping Requirements:
a. Landscape buffer width requirement adjacent to CR-84 and CR-951: CR-
84, 5 feet and CR-951, 10 feet Type D Buffer with the landscape installation
requirements set forth in the Land Development Code Section 4.06.02.C.4.
b. Landscape buffer width requirement adjacent to interior platted streets: 5
feet with Type A Buffer pursuant to the Land Development Code Section
4.06.02.C.1.
c. Landscape buffer width requirement adjacent to side lot lines, 5 feet for lots
which are independently developed with discreet off street parking and
drive systems: none for lots which are developed with an off street parking
and drive systems which are planned to extend across one or more side lot
lines so as to serve in common the adjoining lot(s).
d. All landscaping requirements of Section 4.06.00 - Landscaping, Buffering,
and Vegetation Retention of the Land Development Code not in conflict
with a, b, and c shall be applicable.
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e. Landscape buffer plans shall be incorporated in SDP applications for each
individual development site.
f. Landscape buffers for Parcel 11 as shown on the Master Plan, Exhibit A:
See Deviation #1. If the existing building on Parcel 11 is redeveloped all
landscaping requirements of LDC section 4.06.00 in effect at the time of
redevelopment shall be applicable.
(11) Outside Merchandise Storage and displaying: Unless specifically authorized by this
PUD documents or by an approved Site Development Plan, outside storage or
display of merchandise is prohibited.
(12) Uses set forth in Section 3.3.1 and 3.3.2, shall meet the standards of the “Activity
Center #9 overlay in the Future Land Use Element of the Growth Management
Plan.” Existing buildings and structures, as shown on an SDP approved before the
date of adoption of this Ordinance, may remain as non-conforming until
redevelopment.
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SECTION IV
COMMERCIAL/LIGHT INDUSTRIAL USES
4.1 PURPOSE
The purpose of this Section is to identify the type of Commercial/Industrial Uses and
development standards that will be applied to the areas designated on Exhibit "A" as "B"
Parcels.
4.2 DEVELOPMENT INTENT FOR PARCEL “B”
It is the intent of this document that “B” designated development parcels be used for both
“A” designated uses and for the sale, service, transportation, storage and distribution of
goods and service to the traveling public on 1-75 and to the citizens of the area which can
be served via the access road systems.
A major function of these parcels is to serve as a focal point for the arrival of goods from
other points of the region and country and then be processed for distribution to the local
trade market.
It is intended that inside storage and warehousing along with limited assembly and
manufacturing wholly within a building and not obnoxious by reason of emission of odor,
fumes, dust, smoke, noise or vibration be permitted.
Further, it is the intent of this document that “B” designated Parcels be used in accordance
with all of the current Federal, State and County regulations in effect at the time final local
development orders are issued except as specified otherwise in this document or as may be
approved otherwise by the Collier County Board of Commissioners.
4.3 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part of other than the following:
A. Principal Uses:
(a) Any principal use or structure permitted on “A” designated development
parcels.
(b) Assembly operations in an enclosed building.
(c) Building supplies and contractors storage facilities; bulk storage yards not
including junk or salvage yards.
(d) Car wash, communications service and equipment repair.
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(e) Freight movers and storage.
(f) Laboratories, research, design and testing; laundries; lawn maintenance
shops and plant nurseries; light manufacturing or processing (include food
processing but not abattoir; packaging or fabricating in a completely
enclosed building).
(g) Miscellaneous uses such as express office; telephone exchange; motor or
bus or truck or other transportation terminal and related uses; motorcycle
sales, service and repair; museums and tourist attractions.
(h) New and used car sales, service and repair including outside display.
(i) Offices, general purpose.
(j) Warehousing, wholesaling, storage and distributing establishments and
similar uses.
(k) Any other commercial or professional use which is comparable in nature
with the foregoing uses and which the Planning Implementation Director
determines to be compatible in the district.
B. Permitted Accessory Uses and Structures:
(1) Any accessory use or structure customarily associated with the permitted
uses and structures.
C. Permitted Provisional Uses and Structures:
(1) Attached residence in conjunction with a business - one (1) per business.
(2) Permitted use with less than 1,000 square feet gross floor areas in the
principal building.
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4.3.1. Institutional Uses Permitted
A. Uses permitted
In addition to the uses set forth in Section 4.3., the following principal uses
are permitted on Tracts 16-20, and 24-25 on the PUD Master Plan Exhibit
A.
-Amusements and Recreational Services, Not Elsewhere Classified (SIC
Code 7999): limited to: - Gymnastics, Instruction, Judo Instruction, Karate
Instruction, Yoga Instruction, Scuba and Skin Diving Instruction, and Day
Camps.
-Business Associations (SIC Code 8611)
-Child Daycare Services (SIC Code 8351)
-Civil and Fraternal Organizations (SIC Code 8641)
-Dance Studios and Schools (SIC Code 7911)
-Job Training and Vocational Rehabilitation Services (SIC Code 8331)
-Physical Fitness Facilities (SIC Code 7991)
-Professional Membership Organizations (SIC Code 8621)
-Religious Organizations (SIC Code 8661)
-Social Services (SIC Code 8322): Excluding: Alcoholism Counseling,
Non-Residential Except Medical Treatment, Offender Rehabilitation
Agencies, Parole Offices, Probation Offices, and Offender self-help
agencies.
B. Permitted Accessory Uses and Structures.
(a) Any accessory uses or structures customarily associated with the
permitted principal uses and structures.
4.4 DEVELOPMENT STANDARDS
(1) Minimum Lot Area: Ten thousand (10,000) square feet.
(2) Minimum Lot Width: One hundred (100) feet as measured at the front building
setback line.
(3) Minimum Yard Requirements:
(a) Front Yard -Twenty-five (25) feet.
(b) Side Yard - None, or a minimum of five (5) feet with unobstructed passage
from front to rear yard for non-residential uses. Fifteen (15) feet for hotels,
motels and transient lodging facilities plus one (1) foot for each two (2) feet
of building height over fifty (50) feet. Attached residences shall be treated
as non-residential.
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(c) Rear Yard - Twenty-five (25) feet.
(d) Waterfront- Twenty-five (25) feet from the normal level of any artificially
created body of water, excluding observation decks, bridges and walkways.
(4) Maximum Height: One hundred (100) feet.
(5) Minimum Floor Area of Principal Structure: One thousand (1,000) square feet per
building on ground floor, except that gasoline service stations and other permitted
uses for which the principal activity does not occur in a structure shall not require
a minimum floor area.
(6) Maximum Density: Twenty-six (26) units per gross acre of land for hotel, motel
and transient lodging facilities.
(7) Distance between Structures: One-half the sum of the heights.
(8) Signs: As required by Section 5.06.00 of the Collier County Land Development
Code.
(9) Minimum Off-Street Parking and Off-Street Loading Requirements: As required
by Section 4.05.00 Off-Street Parking and Loading of the Collier County Land
Development Code.
(10) Minimum Landscaping Requirements:
a. Landscape buffer width requirement adjacent to CR-84 and CR-951: CR-
84, 5 feet and CR-951, 10 feet Type D Buffer with the landscape installation
requirements set forth in the Land Development Code Section 4.06.02.C.4
b. Landscape buffer width requirement adjacent to interior platted streets: 5
feet with Type A Buffer pursuant to the Land Development Code Section
4.06.02.C.1.
c. Landscape buffer width requirement adjacent to side lot lines, 5 feet for lots
which are independently developed with discreet off street parking and
drive systems: none for lots which are developed with an off street parking
and drive systems which are planned to extend across one or more side lot
lines so as to serve in common the adjoining lot(s).
d. All landscape requirements of Section 4.06.00 Landscape, Buffering, and
Vegetation Retention of the Land Development Code not in conflict with a,
b, and c shall be applicable.
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e. Landscape buffer plans shall be incorporated in SDP applications for each
individual development site.
(11) Merchandise Storage and Display: Unless specifically authorized by this PUD
documents or an approved Site Development Plan, or of a nature which is permitted
generally, outside storage or display or merchandise is prohibited.
(12) Uses set forth in Section 4.3.1, shall meet the standards of the “Activity Center #9
overlay in the Future Land Use Element of the Growth Management Plan.” Existing
buildings and structures, as shown on an SDP approved before the date of adoption
of this Ordinance, may remain as non-conforming until redevelopment.
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SECTION V
GENERAL DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the standards for the development of the project.
5.2 PUD MASTER PLAN
A. The PUD Master Plan is an illustrative preliminary development plan.
B. The design criteria and layout illustrated in the Master Development Plan shall be
interpreted as preliminary and understood to be flexible so that the final design may
best satisfy the project and comply with all applicable requirements. Minor design
changes shall be permitted subject to Staff approval.
C. All necessary easements, dedication, or other instruments shall be granted to insure
the continued operation and maintenance of all service utilities.
D. Overall site design shall be harmonious in terms of landscaping, enclosure of
structure, locations of all improved facilities and location and treatment of buffer
areas.
5.3 ENGINEERING
A. The developer and all subsequent petitioners are hereby placed on notice that they
shall be required to satisfy the requirements of all County ordinances or codes in
effect prior to or concurrent with any subsequent development order relating to this
site. This includes, but is not limited to, Preliminary Subdivision Plats, Site
Development Plans and any other application that will result in the issuance of a
final or final local development order.
B. The project shall be platted in accordance with the Section 10.02.04 - Requirements
for Preliminary and Final Subdivision Plats to define the right-of-way, tracts, and
water management areas as shown on the master plan.
C. Landscaping shall not be placed within the water management areas unless
specifically approved by project Review Services.
D. Provide a landscape buffer along the entire southern property line in accordance
with Section with Section 3.4 (10) and 4.4 (10) of this PUD.
E. Should the South Florida Water Management District, during its permit review
process, require a natural vegetative buffer be created between the lots and any
jurisdictional wetland Preserve and/or Conservation tract, the buffer shall not be
located within the boundaries of the lot(s) unless otherwise waived by the South
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Florida Water Management District. It shall be created as a separate platted tract or
as a buffer Easement over an expanded limit of the Preserve tracts, which would be
dedicated as Preserve/Drainage tracts, to include the buffer within the Preserve
tract. If the buffer is located within a separate tract, that tract shall be dedicated on
the plat to the project's homeowners association or like entity for ownership and
maintenance responsibilities and if necessary, to Collier County with no
responsibility for maintenance. All Preserve buffer easements or buffer tracts shall
be created in conformance with the provisions of Chapter 704.06, Florida Statutes.
F. Land Development Code, Section 6.06.01 - Street System Requirements Dead end
streets maximum length not to exceed 1,000 feet: Waived to a maximum length of
1,050 feet.
G. Land Development Regulations, Section 6.06.01 - Street System Requirements- All
local streets within commercial subdivision shall be designed according to the
typical section for collector streets contained in the County Standards. Waived
subject to right-of-way and other dimension requirements for the roads to meet
local street standards and the pavements structure to meet collector standards.
H. Land Development Code, Section 6.01.02 - Easements: Utility easements will be
provided as needed with Collier County utility easements (C.U.E.) at a minimum
of fifteen (15) feet.
I. Land Development Code, Section 6.06.02 - Sidewalks, Bike Lane and Pathways
Requirements. Not waived since existing phase already has sidewalks and it will
maintain the continuity for pedestrian's access purposes.
5.4 UTILITIES
A. Water distribution, sewage collection and transmission and interim water and/or
sewage treatment facilities to serve the project are to be designed, constructed,
conveyed, owned and maintained in accordance with Collier County Code of Laws
and Ordinances Chapter 134 Utilities, Section 134-47, Policies and Standards, as
amended, and other applicable County rules and regulations.
B. All customers connecting to the water distribution and sewage collection facilities
to be constructed will be customers of the County and will be billed by the County
in accordance with the County's established rates.
C. The on-site water distribution system to serve the project must be connected to the
existing water main on Tollhouse Drive and/or CR-84 rights-of-way consistent with
the main sizing requirements specified in the County's Water Master Plan and
extended throughout the project. During design of these facilities, dead end mains
shall be eliminated by looping the internal pipeline network.
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D. The utility construction documents for the project's sewerage system shall be
prepared so that all sewage flowing to the County's master pump station is
transmitted by one (1) main on-site pump station. Due to the design and
configuration of the master pump station, flow by gravity into the station will not
be possible. The Developer's Engineer shall meet with the County Staff prior to
commencing preparation of construction drawings, so that all aspects of the
sewerage system design can be coordinated with the County's sewer master plan.
E. The existing off-site water facilities of the District must be evaluated for hydraulic
capacity to serve this project and reinforced as required, if necessary, consistent
with the County's Water Master Plan to insure that the District's water system can
hydraulically provide a sufficient quantity of water to meet the anticipated demands
of the project and the District's existing committed capacity.
F. The existing off-site sewage transmission facilities of the district must be evaluated
for hydraulic capacity to serve this project improved as required outside the project
boundary to provide adequate capacity to transport the additional wastewater
generated without adverse impact to the existing transmission facilities.
5.5 WATER MANAGEMENT AND ENGINEERING
A. Detailed paving, grading, site drainage and utility plans shall be submitted to
Project Review Services for review. No construction permits shall be issued unless
and until approval of the proposed construction in accordance with the submitted
plans is granted by Project Review Services.
B. Work within Collier County right-of-way shall meet the requirements of Collier
County Ordinance No. 03-37, as amended.
C. An Excavation Permit will be required for the proposed lakes(s) in accordance with
Collier County Code of Laws and Ordinances Chapter 22, Article IV, Excavation.
The standards related to depths may be modified in accordance with DEP and
USACE permits.
D. Each building site will be required to provide a minimum ½ inch of dry pre-
treatment on site, unless otherwise waived by South Florida Water Management
District.
5.6 ENVIRONMENTAL
A. All jurisdictional wetlands and mitigation areas on-site shall be designated as
conservation/preserve tracts or easements on all construction pians and shall be
recorded on the plat with protective covenants similar to or as per Chapter 704.06
of the Florida Statutes.
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B. In the case of mitigation off-site any purchase must be within the Conservation and
Recreational Lands (CARL) or the Corkscrew Regional Ecological Watershed
Lands (CREW) or other areas approved for mitigation by the Florida Department
of Environmental Regulation. The ultimate transfer of deed(s) of land(s) to Florida
Department of Natural Resources, Division of State Lands must occur prior to final
construction plan/plat approvals.
C. Control structures on-site shall be constructed in accordance with State and Federal
permits.
5.7 WATER MANAGEMENT
A. Detailed paving, grading, and site drainage plans shall be submitted to Project
Review Services for review. No construction permits shall be issued unless and
until approval of the proposed construction in accordance with the submitted plans
is granted by Project Review Services.
B. Design and construction of all improvements shall be subject to compliance with
the appropriate provisions of the Collier County Subdivision Regulations.
C. An Excavation Permit will be required for the proposed lake(s) in accordance with
Collier County Code of Laws and Ordinances Chapter 22, Article IV, Excavation.
The standards related to depths may be modified in accordance with DEP and
USACE permits.
D. A copy of SFWMD Permit or Early Work Permit is required prior to construction
plan approval.
E. Each building site will be required to provide a minimum ½ inch of dry pre-
treatment on- site, unless otherwise waived by South Florida Water Management
District.
5.8 TRANSPORTATION
A. The final location of major access points along Davis Boulevard shall be
determined during the approval of the Final Subdivision Plat or Site Development
Plan. Such major access points shall provide primary access and internal road
circulation and shall typically include turn land improvements based on projected
traffic conditions. Secondary access points between Davis Boulevard and
individual parcels shall be prohibited unless approved consistent with the Final
Subdivision Plat as may be amended and with the following access control criteria:
1. safety
2. proper geometric design
3. effects on the capacity of Davis Boulevard
4. traffic volumes using the proposed access point
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5. other roadways providing access to the site
6. the combined effect of access to any and all tracts both within this PUD and
adjacent PUD's
7. spacing of access points
Collier County reserves the right to close any approved secondary access to and
from Davis Boulevard should it at any time be found to create a traffic hazard or to
adversely affect the capacity or level of service of that roadway.
B. The road impact fee shall be as set forth in Collier County Code of Laws and
Ordinances Chapter 74, as amended, and shall be paid at the time building permits
are issued unless otherwise approved by the Board of County Commissioners.
C. Access improvements shall not be subject to impact fee credits and shall be in place
before any certificates of occupancy are issued.
D. All traffic control devices used shall conform with the Manual on Uniform Traffic
Control Devices as required by Chapter 316.0747 Florida Statutes.
E. Prior to issuance of the first certificate of occupancy following conversion of the
hotel unit to a multi-family unit for Parcel 11, a sidewalk will be constructed from
Tollgate Boulevard to the building.
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SECTION VI
DEVIATIONS
As to Parcel 11 as shown on the Master Plan attached hereto:
DEVIATION #1: (Landscape Buffers) seeks relief from LDC Section 4.06.02 A, which requires
landscape buffers between residential and commercial development, to instead allow the
following:
a. The eastern buffer may be accomplished by providing the vegetation required for a Type
B buffer in the “median” area shown on Exhibit E-1 provided that the land encumbered by
the FPL easement remains undeveloped and limited to 13 parking spaces. In the alternative,
a minimum 10-foot-wide Type B buffer shall be provided along the eastern boundary line
of Parcel 11 contingent upon agreement from FPL.
This applies to the reuse of the existing building on Parcel 11 only and does not apply if
the existing building on Parcel 11 is demolished or if the existing parking lot located in the
FPL easement is redeveloped with a new use.
b. Vegetation required for a Type B buffer shall be provided where Parcel 11 is adjacent to
the Eastern and Southern boundary of the commercial parcel to the West (Comfort Inn).
c. In addition to the requirements of Section 4.06.00, adjacent to the 1-75 right of way line,
the Type D buffer shall be enhanced as follows:
1. The required number of trees for a Type D buffer shall be supplemented by an
additional palm or canopy tree planting in the amount of 25%; and
2. All required trees shall be a minimum of 12 feet in height at installation.
DEVIATION #2 seeks relief from LDC section 4.05.04 G, which requires 1 parking space per
multi-family dwelling unit plus 0.5 spaces per each efficiency unit as well as additional parking
for recreational facilities and other common uses identified in LDC section 4.05.04 G Table 17, to
allow for a total of 165 parking spaces to satisfy the parking requirement within Parcel 11. This
deviation does not apply if the existing building on Parcel 11 is demolished.
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Tollgate Commercial Center CPUD
PUD Amendment Application
August 19, 2024
PREPARED FOR:
K2 Housing Naples, LLC
SUBMITTED TO:
Collier County, Zoning Division
2800 N. Horseshoe Drive
Naples, FL 34104
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Table of Contents
Contents
Cover Letter & Narrative Statement
Completed Application
Pre-Application Meeting Notes
Affidavit of Authorization
Property Ownership Disclosure
Covenant of Unified Control
Completed Addressing Checklist
List of Owners & Warranty Deed
Boundary Survey
Statement of Utility Provisions
TIS
School Concurrency Application
Original PUD Document
Revised PUD Document
Revised Master Plan
Schedule of Deviations & Justifications
Evaluation Criteria
Aerial Map & Surrounding Uses
Zoning and Future Land Use Maps
Zoning Verification Letter
Expedited Review Form
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Tollgate Commercial Center CPUD
PUD Amendment
COVER LETTER & NARRATIVE
STATEMENT
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RVi Planning + Landscape Architecture • 28100 Bonita Grande Drive, Sutie 305 • Bonita Springs, FL 34135 • 239.405.7777 • www.rviplanning.com
November 28, 2023
REVISED March 2023
Mr. Ray Bellows
Growth Management Department
Zoning Division
2800 N. Horseshoe Dr.
Naples, FL 34104
RE: PL20220003892 - Tollgate Commercial Center PUD/DRI
PUD Amendment (PUDA)
Dear Mr. Bellows,
Enclosed for your review is an application for a PUD amendment regarding the Super 8 Hotel, a
5+/- acre project located on the east side of Collier Boulevard (C.R. 951), north of Beck Boulevard
with direct access to Tollgate Boulevard in unincorporated Collier County, Florida.
Background and Proposed Development
In 1992, the Property was rezoned from PUD to the “Tollgate Commercial Center PUD,” allowing
for commercial and light industrial uses on approximately 100+/- acres in three phases. Since that
time, the PUD has been amended several times, most recently by Ordinance 2017-15. The
subject property is located in Interchange Activity Center #9 in the Future Land Use Element
(FLUE) of the Growth Management Plan for Collier County. The Interchange Activity Center
includes a concentration of commercial, industrial, residential, and mixed-use developments. The
5-acre subject property operated as a 104-room hotel until it was purchased by the Applicant in
2022.
The Applicant is requesting an amendment to the Tollgate Commercial Center PUD to facilitate
the reuse of the existing Super 8 Hotel into a multifamily development to allow for permanent
residences within the existing building. The change will modify the schedule of uses to allow 110
multifamily residential dwellings on Parcel 11 only. Two deviations from landscaping and parking
requirements are proposed to provide flexibility in the reuse of the property and to address existing
conditions and constraints on the property. No other changes to the approved commercial uses,
development standards or other development tracts within the PUD are included in this request.
The proposed amendment is limited to adding residential uses and two deviations to the PUD.
Prior to this request, the Applicant purchased the property only eight days before Hurricane Ian
devastated the County in September of 2022. Despite the Applicant’s original business plan to
re-open the hotel a couple of months later in November of 2022, given the devastation caused by
the hurricane, the Applicant spurred into action and spent significant resources to immediately
make temporary living spaces for Collier residents who were displaced by Hurricane Ian and to
first responders – these groups included Naples Community Hospital staff, and other essential
workers from Moorings Park employees and local small business workers, hospitality workers
and disaster recovery construction workers. Since that time, the Applicant has continued to work
with prominent local employers to provide temporary housing to their employees. The need for
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this housing has been tested through this temporary housing arrangement, which has remained
at, or nearly, 100% occupied. Transitioning to permanent multifamily dwellings will further improve
and formalize a housing opportunity that has already proven successful and demonstrates a long-
term commitment to Collier County’s future.
The Applicant’s housing model has been coordinated through lease agreements with local
employers, who are then able to provide housing directly to their employees. As a conversion
from hotel units, each dwelling unit will be limited to a minimum of 250 square feet and each unit
is limited to two occupants. Furthermore, elements of the Applicant’s housing model, such as,
reusing the existing building, limiting the sizes of the units, coordinating leases directly with
employers, and providing all rooms fully furnished, all help to make rental prices attainable for
employees. Additionally, the proposed GMP amendment and Rezone include commitments to
provide affordable housing through income and rent limits.
The Applicant’s housing model has been tested at the subject property and throughout the
country. The Applicant’s housing model has also been utilized successfully in Steamboat Springs,
Colorado, where the Applicant similarly invested significant resources to convert 104 temporary
rooms at the Steamboat Hotel and Steamboat Mountain Lodge to permanent workforce
multifamily dwellings for local employers and its employees. Additionally, The Urban Land Institute
has reported in 2022, that this housing model is at the forefront of the attempt to address
multifamily housing shortages across the nation (See https://urbanland.uli.org/planning-
design/hotel-to-housing-conversions-proliferate/). The transition from hotel to multifamily units
represents an innovative, but tested, approach to providing housing that also adds to Collier
County’s housing diversity.
The proposed amendment will allow for the reuse of the existing hotel and transition the project
to a 110-unit multifamily development which will allow for residents to become permanent rather
than temporary, and allowing for the rapid absorption of a much-needed workforce housing
solution into the market.
Surrounding Properties
The surrounding development pattern consists of a mix of commercial, and business park uses,
as further described below:
Future Land Use Zoning Current Land Use
North ROW (I-75) I-75 I-75
South Interchange Activity
Center
Tollgate Commercial Center
Planned Unit Development (PUD)
Self-Storage
(outdoor)
East Interchange Activity
Center
Tollgate Commercial Center
Planned Unit Development (PUD)
FPL Easement;
Parking Lot
West Interchange Activity
Center
Tollgate Commercial Center
Planned Unit Development (PUD) Comfort Inn Hotel
Application Requirement Waivers
The following application requirements were waived during the pre-application meeting on May
16, 2023:
• Environmental Data
• Historical Survey
Page 4819 of 5419
RVi Planning + Landscape Architecture | 3 of 3
Deviations
The Applicant is seeking to add two deviations to the PUD Ordinance from the following LDC
Sections:
• 4.06.01.G Landscaping. The deviation allows for buffer requirements to be satisfied by
existing landscaping along the north, south, and west boundaries and to add additional
plantings within the vehicular use area along the east boundary to equate to a Type “B”
Buffer, in support of the reuse of the property.
• 4.05.04 G Parking Space Requirements. This deviation allows for a reduction in parking
requirements for recreation facilities and other common uses.
The attached Schedule of Deviations and Justification Narrative provides additional details
regarding the deviation request.
Review Criteria
Please refer to the enclosed Evaluation Criteria exhibit for further details regarding the criteria in
LDC section 10.02.13 B.5 and consistency with relevant policies in the GMP.
Conclusion
In summary, the proposed PUD amendment will facilitate the adaptive reuse of the Super 8 Hotel
property for new affordable multifamily housing. Multifamily dwelling units are limited to 110 units
which is consistent with the companion GMP amendment request, and the proposed deviations
and Master Plan changes will allow for enhanced design flexibility that will not negatively impact
public health, safety or welfare.
The addition of residential uses to the PUD is consistent with the goal of Interchange Activity
Centers to allow a mix of commercial, residential, and industrial uses at important gateways to
the County. Moreover, the project will provide much needed affordable workforce housing and
add to the supply of housing proximate to employment uses. In this way, the project addresses
several goals established in the Collier County Community Housing Plan, such as reducing the
percentage of households who are cost burdened and reducing the “Jobs-Housing Imbalance.”
As outlined in the PUD Amendment application and attached exhibits, the proposed amendment
is consistent with the LDC and GMP and supports several important community goals.
If you have any further questions, please do not hesitate to contact me directly at (239) 357-
9580, or jfrantz@rviplanning.com
Sincerely,
RVi Planning + Landscape Architecture
Jem Frantz, AICP
Project Director
cc: Andrew Korge, K2 Housing Naples
Matthew Lohry, K2 Housing Naples
Dan Kessler, K2 Housing Naples
Rich Yovanovich, Coleman, Yovanovich and Koester Law Firm
Page 4820 of 5419
Tollgate Commercial Center CPUD
PUD Amendment
COMPLETED APPLICATION
Page 4821 of 5419
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358
March 4, 2020 Page 1 of 11
Application for a Public Hearing for PUD Rezone, Amendment to PUD or
PUD to PUD Rezone
PETITION NO
PROJECT NAME
DATE PROCESSED
PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code
Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative
Code
PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F.
APPLICANT CONTACT INFORMATION
Name of Property Owner(s): _________________________________________________________
Name of Applicant if different than owner: _____________________________________________
Address: _________________________City: _______________ State: _________ ZIP: ___________
Telephone: _______________________ Cell: ______________________ Fax: __________________
E-Mail Address: ____________________________________________________________________
Name of Agent: ____________________________________________________________________
Firm: _____________________________________________________________________________
Address: ____________________________City: _______________ State: _______ ZIP: __________
Telephone: ____________________ Cell: ____________________ Fax: _______________________
E-Mail Address: ____________________________________________________________________
Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that
you are in compliance with these regulations.
To be completed by staff
Page 4822 of 5419
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358
March 4, 2020 Page 2 of 11
REZONE REQUEST
This application is requesting a rezone from: _________________________ Zoning district(s) to the
________________________________ zoning district(s).
Present Use of the Property: _________________________________________________________
Proposed Use (or range of uses) of the property: _________________________________________
Original PUD Name: ________________________________________________________________
Ordinance No.: ____________________________________________________________________
PROPERTY INFORMATION
On a separate sheet attached to the application, provide a detailed legal description of the property
covered by the application:
•If the request involves changes to more than one zoning district, the applicant shall include a
separate legal description for property involved in each district;
•The applicant shall submit 4 copies of a recent survey (completed within the last six months,
maximum 1" to 400' scale), if required to do so at the pre-application meeting; and
•The applicant is responsible for supplying the correct legal description. If questions arise
concerning the legal description, an engineer's certification or sealed survey may be required.
Section/Township/Range: / /
Lot: Block: Subdivision: ___________________________________________________
Metes & Bounds Description: _________________________________________________________
Plat Book: Page #: Property I.D. Number: ____________________________________
Size of Property: _______ ft. x _______ ft. = ________ Total Sq. Ft. Acres: _________
Address/ General Location of Subject Property: __________________________________________
__________________________________________________________________________________
PUD District (refer to LDC subsection 2.03.06 C):
Commercial Residential Community Facilities Industrial
Mixed Use Other: ________________
Page 4823 of 5419
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358
March 4, 2020 Page 3 of 11
ADJACENT ZONING AND LAND USE
Zoning Land Use
N
S
E
W
If the owner of the subject property owns contiguous property please provide a detailed legal
description of the entire contiguous property on a separate sheet attached to the application.
Section/Township/Range: / /
Lot: Block: Subdivision: ___________________________________________________
Plat Book: Page #: Property I.D. Number: ____________________________________
Metes & Bounds Description: _________________________________________________________
ASSOCIATIONS
Required: List all registered Home Owner Association(s) that could be affected by this petition.
Provide additional sheets if necessary. Information can be found on the Board of County
Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774.
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Page 4824 of 5419
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358
March 4, 2020 Page 4 of 11
EVALUATION CRITERIA
Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code,
staff’s analysis and recommendation to the Planning Commission, and the Planning Commission’s
recommendation to the Board of County Commissioners shall be based upon consideration of the
applicable criteria. On a separate sheet attached to the application, provide a narrative statement
describing the rezone request with specific reference to the criteria below. Include any backup
materials and documentation in support of the request.
a.The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer,
water, and other utilities.
b.Adequacy of evidence of unified control and suitability of any proposed agreements, contract,
or other instruments, or for amendments in those proposed, particularly as they may relate to
arrangements or provisions to be made for the continuing operation and maintenance of such
areas and facilities that are not to be provided or maintained at pu blic expense. Findings and
recommendations of this type shall be made only after consultation with the county attorney.
c.Conformity of the proposed PUD with the goals, objectives and policies of the Growth
Management Plan. (This is to include identifying what Sub-district, policy or other provision
allows the requested uses/density, and fully explaining/addressing all criteria or conditions of
that Sub-district, policy or other provision.)
d.The internal and external compatibility of proposed uses, which c onditions may include
restrictions on location of improvements, restrictions on design, and buffering and screening
requirements.
e.The adequacy of usable open space areas in existence and as proposed to serve the
development.
f.The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
g.The ability of the subject property and of surrounding areas to accommodate expansion.
h.Conformity with PUD regulations, or as to desirable modifications of such regulations in the
particular case, based on determination that such modifications of justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many
communities have adopted such restrictions. You may wish to contact the civic or property owners
association in the area for which this use is being requested in order to asce rtain whether or not the
request is affected by existing deed restrictions.
Page 4825 of 5419
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358
March 4, 2020 Page 5 of 11
Previous land use petitions on the subject property: To your knowledge, has a public hearing been
held on this property within the last year? If so, what was the nature of that hearing?
__________________________________________________________________________________
__________________________________________________________________________________
Official Interpretations or Zoning Verifications: To your knowledge, has there been an official
interpretation or zoning verification rendered on this property within the last year?
Yes No if so please provide copies.
PUBLIC NOTICE REQUIREMENTS
This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E.
of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a
written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B.
of the Administrative Code for the NIM procedural requirements.
Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing
advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the
Board's final action on this item, please remove all public hearing advertising sign(s) immediately.
RECORDING OF DEVELOPER COMMITMENTS
Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall
record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments
or Notice of Developer Commitments that contains the legal description of the property that is the subject of
the land use petition and contains each and every commitment of the owner or developer specified in the
Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the
recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided
to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said
Memorandum or Notice.
LDC subsection 10.02.08 D
This application will be considered “open” when the determination of “sufficiency” has been made
and the application is assigned a petition processing number. The application will be considered
“closed” when the petitioner withdraws the application through written notice or ceases to supply
necessary information to continue processing or otherwise actively pursue the rezoning,
amendment or change, for a period of 6 months. An application deemed “closed” will not receive
further processing and an applicati on “closed” through inactivity shall be deemed withdrawn. An
application deemed “closed” may be re-opened by submission of a new application, repayment of
all application fees and the grant of a determination of “sufficiency”. Further review of the request
will be subject to the then current code.
Page 4826 of 5419
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358
March 4, 2020 Page 7 of 11
Narrative statement: Provide a brief and concise narrative statement and schematic drawing of
sewage treatment process to be used as well as a specific statement regarding the method of affluent
and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall
be provided from tests prepared and certified by a professional engineer.
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Collier County Utility Dedication Statement: If the project is located within the service boundaries of
Collier County’s utility service system, a notarized statement shall be provided agreeing to dedicate
the water distribution and sewage collection facilities within the project area to the Collier County
Utilities. This shall occur upon completion of the construction of these facilities in accordance with
all applicable County ordinances in effect at that time. This statement shall also include an agreement
that the applicable system development charges and connection fees will be paid to the County
Utilities Division prior to the issuance of building permits by the County. If applicable, the statement
shall contain an agreement to dedicate the appropriate utility easements for serving the water and
sewer systems.
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at
the pre-application meeting, if the project is to receive sewer or potable water services from any
provider other than the County, a statement from that provider indicating adequate capacity to serve
the project shall be provided.
Page 4827 of 5419
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358
March 4, 2020 Page 9 of 11
Final Submittal Requirement Checklist for:
PUD Rezone- Ch. 3 G. 1 of the Administrative Code
Amendment to PUD- Ch. 3 G. 2 of the Administrative Code
PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code
The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time
of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date
application. Please provide the submittal items in the exact order listed below, with cover sheets attached to
each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at
http://www.colliercountyfl.gov/Home/ShowDocument?id=76983.
REQUIREMENTS # OF
COPIES REQUIRED NOT
REQUIRED
Cover Letter with Narrative Statement including a detailed description of
why amendment is necessary 1
Completed Application with required attachments (download latest version) 1
Pre-application meeting notes 1
Affidavit of Authorization, signed and notarized 1
Property Ownership Disclosure Form 1
Notarized and completed Covenant of Unified Control 1
Completed Addressing Checklist 1
Warranty Deed(s) 1
List Identifying Owner and all parties of corporation 1
Signed and sealed Boundary Survey 1
Architectural Rendering of proposed structures 1
Current Aerial Photographs (available from Property Appraiser) with
project boundary and, if vegetated, FLUCFCS Codes with legend included
on aerial.
1
Statement of Utility Provisions 1
Environmental Data Requirements pursuant to LDC section 3.08.00 1
Environmental Data Requirements collated into a single Environmental
Impact Statement (EIS) packet at time of public hearings. Coordinate with
project planner at time of public hearings.
Listed or Protected Species survey, less than 12 months old. Include
copies of previous surveys. 1
Traffic Impact Study 1
Historical Survey 1
School Impact Analysis Application, if applicable 1
Electronic copy of all required documents 1
Completed Exhibits A-F (see below for additional information)+
List of requested deviations from the LDC with justification for each (this
document is separate from Exhibit E)
Checklist continues on next page
Page 4828 of 5419
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358
March 4, 2020 Page 10 of 11
Revised Conceptual Master Site Plan 24” x 36”and One 8 ½” x 11” copy
Original PUD document/ordinance, and Master Plan 24” x 36” – Only if
Amending the PUD
Revised PUD document with changes crossed thru & underlined 1
Copy of Official Interpretation and/or Zoning Verification 1
*If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement
+The following exhibits are to be completed on a separate document and attached to the application packet:
Exhibit A: List of Permitted Uses
Exhibit B: Development Standards
Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code
Exhibit D: Legal Description
Exhibit E: List of Requested LDC Deviations and justification for each
Exhibit F: List of Development Commitments
If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas
Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239-
690-3500 for information regarding “Wildfire Mitigation & Prevention Plan.”
PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS:
School District (Residential Components): Amy
Lockheart Conservancy of SWFL: Nichole Johnson
Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams (Director)
Emergency Management: Dan Summers Immokalee Water/Sewer District:
City of Naples: Robin Singer, Planning Director Other:
City of Naples Utilities Other:
ASSOCIATED FEES FOR APPLICATION
Pre-Application Meeting: $500.00
PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre
PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre
PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre
Comprehensive Planning Consistency Review: $2,250.00
Environmental Data Requirements-EIS Packet (submittal determined at pre-application
meeting): $2,500.00
Listed or Protected Species Review (when an EIS is not required): $1,000.00
Transportation Review Fees:
o Methodology Review: $500.00
*Additional fees to be determined at Methodology Meeting.
o Minor Study Review: $750.00
o Major Study Review $1,500.00
Page 4829 of 5419
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-6358
March 4, 2020 Page 11 of 11
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliercounty.gov
Legal Advertising Fees:
o CCPC: $1,125.00
o BCC: $500.00
School Concurrency Fee, if applicable:
o Mitigation Fees, if application, to be determined by the School District in
coordination with the County
Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and
those fees are set forth by the Authority having jurisdiction. The Land Development Code requires
Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior
to hearing. All checks payable to: Board of County Commissioners.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this
checklist is included in this submittal package. I understand that failure to include all necessary
submittal information may result in the delay of processing this petition.
*Additional fee for the 5th and subsequent re-submittal will be accessed at 20% of the original fee.
___________________________________ _____________
Signature of Petitioner or Agent Date
___________________________________
Printed named of signing party
Page 4830 of 5419
Tollgate Commercial Center CPUD
PUD Amendment
PRE-APPLICATION MEETING NOTES
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Tollgate Commercial Center CPUD
PUD Amendment
AFFIDAVIT OF AUTHORIZATION
Page 4854 of 5419
Page 4855 of 5419
DM2\19298836.2
WRITTEN CONSENT OF MEMBERS AND MANAGERS
OF
K2 HOUSING NAPLES, LLC
March ___, 2024
WHEREAS, the undersigned, being the Members and Managers of K2
HOUSING NAPLES, LLC, a Delaware limited liability company (the “Company”),
hereby adopt the following resolutions by written consent pursuant to that certain Limited
Liability Company Agreement of the Company dated August 12, 2022 (as amended, the
“Operating Agreement”), and in accordance with the applicable provisions of the Delaware
Limited Liability Company Act.
WHEREAS, the Members and Managers desire, through the resolutions adopted
herein, to consent to, approve and ratify the execution and delivery of that certain Affidavit
of Authorization (Petition No.s PL20230007874, PL20230007875 and PL20230007876),
that certain Covenant of Unified Control and any and all other zoning documents required
by Collier County, Florida to obtain zoning or rezoning approval of the property located at
3880 Tollgate Boulevard, Naples, Florida 34114 (collectively, the “Zoning Documents”).
NOW, THEREFORE, BE IT RESOLVED, that the execution and delivery of
the Zoning Documents are hereby approved, ratified and confirmed; and
BE IT FURTHER RESOLVED, that the Company is hereby authorized and
empowered to enter into, execute, deliver and perform its obligations under the Zoning
Documents; and
BE IT FURTHER RESOLVED, that Andrew Korge as a Manager of the
Company (the “Authorized Person”) is hereby authorized and directed, in the name and on
behalf of the Company, to execute and deliver the Zoning Documents, to take any and all
actions and to do any and all acts deemed necessary and/or advisable to effectuate the
transactions contemplated by the foregoing resolutions, and the signature of the Authorized
Person is sufficient to bind the Company on any such document;
BE IT FURTHER RESOLVED, that all actions previously taken by the
Authorized Person, in entering into, executing, performing, acknowledging or attesting any
arrangements, agreements, instruments or documents in carrying out the terms and
intentions of the foregoing resolutions are hereby approved, ratified and confirmed in all
respects; and
BE IT FURTHER RESOLVED, that the actions taken hereby shall have the same
force and effect as at a meeting duly called and held. Delivery of the executed signature
pages by facsimile transmission, electronic signature, or in “portable document format” via
electronic mail shall constitute effective and binding execution and delivery of such
signature page.
21
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DM2\19298836.2
* * * * *
[SIGNATURES FOLLOW]
Page 4857 of 5419
DM2\19298836.2
IN WITNESS WHEREOF, the undersigned Members and Managers have executed
this Written Consent as of the date first above written.
MANAGERS:
By: ______________________________
Andrew Korge
By: ______________________________
Daniel Kessler
By: ______________________________
Daniel Lavender
By: ______________________________
Mary Morton
MEMBERS:
K2 HOUSING NAPLES GP, LLC,
a Delaware limited liability company
By: ______________________________
Daniel Kessler
Manager
K2 HOUSING NAPLES DEVELOPER, LLC,
a Delaware limited liability company
By:
Andrew Korge
Manager
Page 4858 of 5419
DM2\19298836.2
RIVERSIDE HOUSING LLC,
a Florida limited liability company
By:
Daniel Lavender
Authorized Signatory
Page 4859 of 5419
Tollgate Commercial Center CPUD
PUD Amendment
PROPERTY OWNERSHIP DISCLOSURE
Page 4860 of 5419
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 1 of 3
PROPERTY OWNERSHIP DISCLOSURE FORM
This is a required form with all land use petitions, except for Appeals and Zoning Verification
Letters.
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
Please complete the following, use additional sheets if necessary.
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the
percentage of such interest:
Name and Address % of Ownership
b. If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each:
Name and Address % of Ownership
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
Name and Address % of Ownership
K2 Housing Naples LLC - 3880 Tollgate Blvd, Naples, FL 34114 100%
Riverside Housing, LLC 80%
K2 Housing Naples GP, LLC 20%
See attachment for additional ownership information
Page 4861 of 5419
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 2 of 3
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
general and/or limited partners:
Name and Address % of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, beneficiaries, or partners:
Name and Address % of Ownership
Date of Contract: ___________
f. If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust:
Name and Address
g. Date subject property acquired _______________
Leased: Term of lease ____________ years /months
If, Petitioner has option to buy, indicate the following:
9/15/22
Page 4862 of 5419
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 3 of 3
Date of option: _________________________
Date option terminates: __________________, or
Anticipated closing date: ________________
AFFIRM PROPERTY OWNERSHIP INFORMATION
Any petition required to have Property Ownership Disclosure, will not be accepted without this form.
Requirements for petition types are located on the associated application form. Any change in ownership whether
individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County
immediately if such change occurs prior to the petition’s final public hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may result
in the delay of processing this petition.
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Department
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
____________________________________________ ____________
Agent/Owner Signature Date
____________________________________________
Agent/Owner Name (please print)
Daniel Kessler Digitally signed by Daniel Kessler
Date: 2023.04.04 16:18:23 -06'00'
DANIEL KESSLER
04/04/2023
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Page 1
TOLLGATE COMM. CENTER PUD/DRI
Property Ownership Disclosure Attachment
Property Owner: K2 Housing Naples, LLC = 100%
Riverside Housing, LLC = 80%
Board of Directors = Thomas Taylor, Dudley Goodlette, Daniel J. Lavender, Clark Hill, Michael Wynn
K2 Housing Naples GP, LLC = 20%
K2 Naples Investors, LLC = 50%
Christopher G. Korge = 21%
K2 Housing LLC = 4.833%
Matthew Lohry = 0.417%
M. Gordon Daniels = 41.667%
Richard Schiffrin = 8.333%
Thomas J. Knox = 23.750%
Invisible Naples Investment, LLC = 50%
James M. Kilts Trust = 43%
Reichenbaum Family LP = 53%
Leon Lauk = 2%
Michal Saadine = 1%
Vikas Choudhary = 1%
Page 4864 of 5419
Tollgate Commercial Center CPUD
PUD Amendment
COVENANT OF UNIFIED CONTROL
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Exhibit A – Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF COLLIER, STATE OF
FLORIDA, AND IS DESCRIBED AS FOLLOWS:
PARCEL TWO OF TOLLGATE COMMERCIAL CENTER PHASE ONE, ACCORDING TO THE MAP OR
PLAT THEREOF AS RECORDED IN PLAT BOOK 16, PAGE 1, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, TOGETHER WITH THE WEST 1/2 OF PARCEL ONE OF SAID SUBDIVISION BOUNDED BY
THE PROLONGATION OF THE NORTHERLY AND SOUTHERLY LINES OF SAID PARCEL TWO.
TOGETHER WITH AN EASEMENT FOR THE USE OF THE COMMON AREAS AS SET FORTH IN THE
DECLARATION OF EASEMENTS, RESTRICTIONS, COVENANTS, RULES AND REGULATIONS
RELATING TO CONSTRUCTION, MAINTENANCE, AND ARCHITECTURAL CONTROL OF TOLL GATE
COMMERCIAL CENTER P.U.D. RECORDED JULY 12, 1989 IN OFFICIAL RECORDS BOOK 1455, PAGE
535, AS AMENDED.
Page 4867 of 5419
Tollgate Commercial Center CPUD
PUD Amendment
COMPLETED ADDRESSING CHECKLIST
Page 4868 of 5419
Addressing Checklist (Rev 10/2022) Page 1 of 1
Operations & Regulatory Management Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400
www.colliercountyfl.gov
ADDRESSING CHECKLIST
Please complete the following and upload via the CityView Portal with your submittal. Items marked with (*) are required for
every application, other items are optional and may not apply to every project.
Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe
and any time the properties within the project boundary are modified.
Additional documents may be attached to this form and can include:
-* LOCATION MAP and/or SURVEY showing the proposed project boundary.
-List of additional folio numbers and associated legal descriptions.
- E-mail from Addressing Official for any pre-approved project and/or street names.
LOCATION INFORMATION
*FOLIO (Property ID) Number(s) of subject property or properties. [Attach list if necessary]
*LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary]
STREET ADDRESS(ES) where applicable, if already assigned.
PROJECT INFORMATION
Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing
Official. Pre-Approval may be requested by contacting us at GMD_Addressing@colliercountyfl.gov or 239-252-2482 prior to your
submittal.
CURRENT PROJECT NAME
PROPOSED PROJECT NAME
PROPOSED STREET NAME(s)
LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####]
Page 4869 of 5419
4/25/23, 2:25 PM Collier County Property Appraiser
https://www.collierappraiser.com 1/1
$ 7,000,000
$ 0
$ 3,200,000
$ 3,080,000
$ 0
$ 1,000,000
$ 2,179,840
$ 2,815,532
$ 4,995,372
$ 577,295
$ 4,418,077
$ 4,995,372
$ 4,418,077
Collier County Proper ty AppraiserProperty Summar y
Parcel No 76885005005 Site Address*Disclaimer 3880 TOLLGATEBLVD Site City NAPLES Site Zone*Note 34114
Name / Address K2 HOUSING NAPLES LLC
3880 TOLLGATE BLVD
City NAPLES State FL Zip 34114-5444
Map No.Strap No.Section Township Range Acres *Estimated
4B35 664000PH 1 24B35 35 49 26 4.33
Legal TOLLGATE COMMERCIAL CENTER PHASE I, PARCEL 2 AND W15FT OF THE W1/2 OF PARCEL 1BOUNDED BY THE PROLONGATION OF NLY AND SLY LINES OF PARCEL 2
Millage Area 31 Millage Rates *Calculations
Sub./Condo 664000 - TOLLGATE COMMERCIAL CTR PH 1 School Other Total
Use Code 39 - HOTELS, MOTELS 4.459 6.6904 11.1494
Latest Sales Histor y
(Not all Sales are listed due to Confidentiality)
Date Book-Page Amount
09/12/22 6174-1554
07/16/15 5180-2026
10/02/08 4397-3297
07/03/00 2693-2184
08/02/89 1466-503
08/01/89 1462-338
2022 Certified Tax Roll
(Subject to Change)
Land Value
(+) Improved Value
(=) Market Value
(-) 10% Cap
(=) Assessed Value
(=) School Taxable Value
(=) Taxable Value
If all Values shown above equal 0 this parcel was created after the Final Tax Roll
Page 4870 of 5419
4/25/23, 2:26 PM Collier County Property Appraiser
https://www.collierappraiser.com 1/1
$ 7,000,000
$ 0
$ 75
$ 0
$ 75
$ 75
$ 75
$ 75
Collier County Proper ty AppraiserProperty Summar y
Parcel No 76885005102 Site Address*Disclaimer Site City NAPLES Site Zone*Note 34114
Name / Address K2 HOUSING NAPLES LLC
3880 TOLLGATE BLVD
City NAPLES State FL Zip 34114-5444
Map No.Strap No.Section Township Range Acres *Estimated
4B35 664000PH 1 1.14B35 35 49 26 0.75
Legal TOLLGATE COMMERCIAL CENTER PHASE 1 EAST 70FT OF THE W1/2 OF PARCEL 1 BOUNDED BY THEPROLONGATION OF NLY AND SLY LINES OF PARCEL 2
Millage Area 31 Millage Rates *Calculations
Sub./Condo 664000 - TOLLGATE COMMERCIAL CTR PH 1 School Other Total
Use Code 28 - PARKING LOTS, MOBILE HOME PARKS 4.459 6.6904 11.1494
Latest Sales Histor y
(Not all Sales are listed due to Confidentiality)
Date Book-Page Amount
09/12/22 6174-1554
07/16/15 5180-2026
2022 Certified Tax Roll
(Subject to Change)
Land Value
(+) Improved Value
(=) Market Value
(=) Assessed Value
(=) School Taxable Value
(=) Taxable Value
If all Values shown above equal 0 this parcel was created after the Final Tax Roll
Page 4871 of 5419
Tollgate Commercial Center CPUD
PUD Amendment
LIST OF OWNERS & WARRANTY DEED
Page 4872 of 5419
Page 1 of 1
Tollgate Commercial Center CPUD
Property Owners Exhibit
I. PROPERTY OWNERS LIST
II. WARRANTY DEED
See Following Pages
STRAP Number Property Owner Acreage Address Section –
Township
- Range
1 76885005005 K2 Housing Naples LLC 4.33 3880 Tollgate Blvd,
Naples, FL 34114
35-49-26
2 76885005102 K2 Housing Naples LLC 0.75 3880 Tollgate Blvd,
Naples, FL 34114
35-49-26
Page 4873 of 5419
Page 4874 of 5419
Page 4875 of 5419
Page 4876 of 5419
Page 4877 of 5419
Page 4878 of 5419
Tollgate Commercial Center CPUD
PUD Amendment
BOUNDARY SURVEY
Page 4879 of 5419
CO
E
DYHDYH WV
WV
WV
WV
FO
FOSDSDSDSDSDSDSDSDSDSDSDSDSD SD SD SD SD SD SD SD SD SD SD SD SD SD SD
SD
SD
S
S
S SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSDYH
S
E
FO
WV
CO
SS SS
SD SD
Page 4880 of 5419
UGECO
DYHDYH
WV
WV
WV
FO
FO
SDSDSDSDSDSDSDSDSD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD
SD
SD
SD
SD
SD
SD
S
S
S SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
DYHS
E
FO
WV
CO
SS SS
SD SD
Page 4881 of 5419
Tollgate Commercial Center CPUD
PUD Amendment
STATEMENT OF UTILITY PROVISIONS
Page 4882 of 5419
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
ǁǁǁ͘ĐŽůůŝĞƌĐŽƵŶƚLJ͘ŐŽǀ (239) 252-2400 FAX: (239) 252-6358
0DUFK Page 6 of 11
STATEMENT OF UTILITY PROVISIONS
FOR PUD REZONE REQUEST
APPLICANT CONTACT INFORMATION
Name of Applicant(s): _______________________________________________________________
Address: _________________________________ City: ___________ State: ________ ZIP: _______
Telephone: ____________________ Cell: _____________________ Fax: ______________________
E-Mail Address: ____________________________________________________________________
Address of Subject Property (If available): ______________________________________________
City: _________________ State: ________ ZIP: _________
PROPERTY INFORMATION
Section/Township/Range: / /
Lot: Block: Subdivision: ___________________________________________________
Metes & Bounds Description: _________________________________________________________
Plat Book: Page #: Property I.D. Number: ____________________________________
TYPE OF SEWAGE DISPOSAL TO BE PROVIDED
Check applicable system:
a.County Utility System
b. City Utility System
c. Franchised Utility System Provide Name: __________________________
d.Package Treatment Plant (GPD Capacity): _________________________
e.Septic System
TYPE OF WATER SERVICE TO BE PROVIDED
Check applicable system:
a.County Utility System
b. City Utility System
c. Franchised Utility System Provide Name: __________________________
d.Private System (Well)
Total Population to be Served:
Peak and Average Daily Demands:
A. Water-Peak: _________
B. Sewer-Peak: _________
If proposing to be connected to Collier County Regional Water System, please provide the date
service is expected to be required: ____________________________________________________
K2 Housing Naples, LLC
3880 Tollgate Blvd Naples FL 34114
(305) 479-6654
akorge@k2developers.com
3880 Tollgate Blvd
Naples FL 34114
35 49 26
See attached legal description
76885005005 and 76885005102
x
Collier County Utilities
x
Collier County Utilities
Average Daily: __________
Average Daily: __________
2023
38,500 GPD
27,500 GPD
275 people (110 units x 2.5 persons per unit = 275)
78.2 gpm
50,050 gpd
Page 4883 of 5419
Tollgate Commercial Center CPUD
PUD Amendment
TIS
Page 4884 of 5419
Page 4885 of 5419
Page 4886 of 5419
Page 4887 of 5419
Page 4888 of 5419
Page 4889 of 5419
Tollgate Commercial Center CPUD
PUD Amendment
SCHOOL CONCURRENCY
APPLICATION
Page 4890 of 5419
Collier County School District
School Impact Analysis Application
Instructions: Submit one copy of completed application and location map for each new
residential project requiring a determination of school impact to the Planning Department of
the applicable local government. This application will not be deemed complete until all
applicable submittal requirements have been submitted. Please be advised that additional
documentation/information may be requested during the review process.
For information regarding this application process, please contact the Facilities Management
Department at 239-377-0267.
Please check [√] type of application request (one only):
[ ] School Capacity Review [ ] Exemption Letter
[ ] Concurrency Determination [ ] Concurrency Determination Amendment
For descriptions of the types of review please see page 3,
_________________________________________________________________________________________________________________________
I.Project Information:
Project Name: ___________________________________________ Municipality: _________________________________
Parcel ID#: (attach separate sheet for multiple parcels): _______________________________________________________
Location/Address of subject property: ____________________________________________________ (Attach location map)
Closest Major Intersection: _______________________________________________________________________________
II.Ownership/Agent Information:
Owner/Contract Purchaser Name(s): _____________________________________________________________________
Agent/Contact Person: ________________________________________________________________________________
(Please note that if agent or contact information is completed the District will forward all information to that person)
Mailing address: _____________________________________________________________________________________
Telephone#: _____________________________ Fax: _________________________Email_________________________
I hereby certify the statements and/or information contained in this application with any attachments submitted
herewith are true and correct to the best of my knowledge.
_____________________________________________________ _____________________________
Owner or Authorized Agent Signature Date
_________________________________________________________________________________________
III.Development Information
Project Data (Unit Types defined on page 2 of application)
Current Land Use Designation: Proposed Land Use Designation:
Current Zoning: Proposed Zoning:
Project Acreage:
Unit Type: SF MF MH C G
Total Units Currently Allowed by Type:
Total Units Proposed by Type:
Is this a phased project: Yes or No If yes, please complete page 2 of this application.
Date/time stamp:___________________________
Page 4891 of 5419
Worksheet is required to be completed by the Applicant only if the project is to be phased:
Unit Type Yr1 Yr2 Yr3 Yr4 Yr5 Yr6 Yr7 Yr8 Yr9 Yr10 Yr 11-20 20+ Years
SF
MF
MH
C
G
Totals by Yr
Grand
Total
Grand Total
Insert totals by unit type by years.
Unit Types:
SF = Single Family
MF = Multi-Family/Apartments
MH = Mobile Homes
C = Condo/Co-Op
G = Government
EXAMPLE:
Unit Type Yr1 Yr2 Yr3 Yr4 Yr5 Yr6 Yr7 Yr8 Yr9 Yr10 Yr 11-20 20+ Years
SF 25 25 25 25 -- -- -- -- -- -- -- --
MF 50 0 0 0 -- -- -- -- -- -- -- --
MH N/A
C N/A
G N/A
Totals by Yr 75 25 25 25 -- -- -- -- -- -- -- --
Grand Total 150
.
2
Page 4892 of 5419
Types of Reviews:
School Impact Analysis:
This review should be divided into two categories:
- School Capacity Review (land use and rezonings), and;
- Concurrency Determinations (site plans and subdivisions).
School Capacity Review is the review of a project in the land use and rezoning stage of development. It is a
review of the impact of the development on school capacity and is considered long range planning. This may
be a review resulting in mitigation being required. In situations where the applicant may be required to
mitigate, capacity may be reserved dependent on the type of mitigation.
Concurrency Determination is the review of residential site plans and subdivisions to determine whether
there is available capacity. When capacity is determined to be available a School Capacity Determination
Letter (SCADL) will be issued verifying available capacity to the applicant and the local government. If a
project exceeds the adopted level of service standards, the applicant is afforded the option of a negotiation
period that may or may not result in an executed/recorded mitigation agreement Mitigation at this stage is
expressed as a Proportionate Share Mitigation Agreement. For those residential developments that may have
an impact but are otherwise exempt from concurrency, an exemption letter will be prepared for the applicant
upon request. For those residential developments that are determined to not have an impact, a letter of no
impact will be prepared for the applicant upon request.
Exemption Letter:
An applicant may request an Exemption Letter as documentation for the local government. These are projects
that would be exempt from school concurrency review or projects that do not impact the public schools.
Exemptions from school concurrency are limited to existing single family or mobile home lots of record;
amendments to previously approved site plans or plats that do not increase the number of dwelling units or
change the dwelling unit type; age restricted communities with no permanent residents under the age of 18; or
residential site plans or plats or amendments to site plans or plats that generate less than one student; or are
authorized as a Development of Regional Impact (Chapter 380, F.S.) as of July 1, 2005.
Concurrency Determination Amendment:
An applicant may request an amendment to a previously issued School Concurrency Determination or to an
application being processed. This review may require additional staff time beyond the initial concurrency
determination review and results in a modified determination being issued. An amendment could result in a
negotiation period and/or a mitigation agreement being issued or a previously approved determination being
modified and reissued.
3
Page 4893 of 5419
Tollgate Commercial Center CPUD
PUD Amendment
ORIGINAL PUD DOCUMENT
Page 4894 of 5419
ORDINANCE NO. 17- 1 5
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE
NUMBER 92-10, AS AMENDED, THE TOLLGATE COMMERCIAL
CENTER PLANNED UNIT DEVELOPMENT (PUD), BY AMENDING
THE PUD DOCUMENT TO ADD SPECIFIC INSTITUTIONAL USES AS
PERMITTED USES ON TRACTS 7, 8 AND 9 OF THE COMMERCIAL
USE AREAS, "A" PARCELS, AS SHOWN ON THE PUD MASTER
PLAN; BY AMENDING THE PUD DOCUMENT TO ADD SPECIFIC
INSTITUTIONAL USES AS PERMITTED USES ON TRACTS 16-20
AND 24-25 OF THE COMMERCIAL/LIGHT INDUSTRIAL USES
AREA, "B" PARCELS, AS SHOWN ON THE PUD MASTER PLAN;
AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT
PROPERTY IS LOCATED AT THE INTERSECTION OF COLLIER
BOULEVARD (CR-951) AND BECK BOULEVARD IN SECTION 35,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND SECTION 2,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. [PUDA-PL20150002280]
WHEREAS, on February 11, 1992, the Board of County Commissioners adopted
Ordinance No. 92-10, which established the Tollgate Commercial Center Planned Unit
Development (the "Tollgate PUD"); and
WHEREAS, on December 14, 1993, the Board of County Commissioners adopted
Ordinance No. 93-91, which amended the Tollgate PUD; and
WHEREAS, on September 25, 2015, the Board of County Commissioners adopted
Ordinance No. 15-49 which further amended the Tollgate PUD; and
WHEREAS, Sky Angel Center, LLC and Toll Gate Naples, LLC represented by Robert
L. Duane, AICP of Robert L. Duane & Associates and Richard Yovanovich, Esq. of Coleman,
Yovanovich & Koestner, P.A. petitioned the Board of County Commissioners to further amend
the Tollgate PUD.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendment to PUD Document.
Exhibit "A" to the PUD Document, attached to Ordinance No. 92-10, as amended, is
hereby amended and replaced with the Exhibit"A" attached hereto and incorporated herein.
16-CPS-01517] 171 1 of2
Tollgate Commercial Center—PUDA-PL20150002280
3/28/17
Page 4895 of 5419
SECTION TWO: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by sum-majority vote of the Board of County
Commissioners of Collier County, Florida, this cl tN. day of G 2017.
ftp,
ATTEST: BOARD IF .I` TY COMMISSIONERS
DWIGHT:E.`Bk K;;CLERK COLLIE t 0 , TY, FLORID
BY: By. //
rsg s Jerk PENNY YLOR, an
Signa t 0111
Approved as to form and legality:
Hei 1 Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A—PUD Document and Master Plan
This ordinance filed with the
SNstery of tote's Of 'ce'ttite
day of
and acknowledgemrpi gf, that
fi _ _.
dA . , day
By pep clerk
16-CPS-01517] 171 2 of 2
Tollgate Commercial Center—PUDA-PL20150002280
3/28/17
Page 4896 of 5419
PLANNED UNIT DEVELOPMENT
TOLL GATE COMMERCIAL CENTER
PREPARED BY:
RICHARD D. YOVANOVICH
COLEMAN, YOVANOVICH& KOESTER, P.A.
4001 TAMIAMI TRAIL NORTH, SUTIE 300
NAPLES, FLORIDA 34103
239)435-3535
And
ROBERT L. DUANE
ROBERT L. DUANE&ASSOCIATES,A.LC.P
4880 TAMARIND RIDGE DRIVE,
NAPLES, FLORIDA 34119
239) 353-4167
DATE REVIEWED BY CCPC:
DATE APPROVED BY BCC:
ORDINANCE NUMBER:
AMENDMENTS AND REPEAL:
Page 1 of 28
Toll Gate Commercial Center
PUDA-PL 201500022800rdinance 92-10
Date: 03.22.17 v.1
Words strue-kthsengh are deleted;words bold&underlined are added. All distances are in feet unless otherwise noted.***Indicate break in
pages.
Page 4897 of 5419
TABLE OF CONTENTS
PAGE)
LIST OF EXHIBITS AND TABLE 3
STATEMENT OF COMPLIANCE 4
SECTION I PROPERTY OWNERSHIP & DESCRIPTION 5 - 9
SECTION II PROJECT DEVELOPMENT REQUIREMENTS 10 - 12
SECTION III COMMERCIAL AREAS PLAN FOR PARCEL "A" 13 - 17
SECTION IV COMMERCIAL/LIGHT INDUSTRIAL AREAS 18 - 22
FOR PARCEL"B"
SECTION V GENERAL DEVELOPMENT COMMITMENTS 23 - 27
Page 2 of 28
Toll Gate Commercial Center
PUDA-PL 201500022800rdinance 92-10
Date: 03.22.17 v.1
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Page 4898 of 5419
LIST OF EXHIBITS AND TABLES
EXHIBIT "A"PUD Master Plan
TABLE I Schedule of Development
Page 3 of 28
Toll Gate Commercial Center
PUDA-PL 201500022800rdinance 92-10
Date: 03.22.17 v.1
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pages.
Page 4899 of 5419
STATEMENT OF COMPLIANCE
The development of approximately 100.23 acres of property in Collier County and within an Interchange
Activity Center, as a Planned Unit Development to be known as Tollgate Commercial Center, will be in
compliance with the planning goals and objectives of Collier County as set forth in the Growth
Management Plan and its provisions for Interchange Activity Center development. This compliance
includes:
Activity Center Project
1. The subject property is located in an area identified as an Interchange Activity Center in the Future
Land Use Element (FLUE) of the Growth management Plan for Collier County.
2. Interstate Activity Centers are the preferred locations for the concentration of commercial and
mixed use development activities.
3. The subject tract is located on the northeast corner of the intersection of CR-951 and CR-84. This
strategic location allows the site superior access for the placement of commercial/industrial
activities.
4. The project is in compliance with all applicable County regulations. In addition, the project
complies with the Growth Management Plan with the adoption of the Plan amendment which
allows for specifically approved heavy business/light industrial uses to be developed in designated
interstate activity centers.
5. The project will be served by a complete range of services and utilities as approved by the County.
6. The project is compatible with adjacent land uses through the internal arrangement of structures,
the placement of land use buffers and the proposed development standards contained herein.
7. The Planned Unit Development includes open spaces and naturalized open features which serve
as project amenities.
8. The project shall be developed in accordance with the approved Master Development Plan and the
existing PUD document as approved. In addition, the project shall be developed in accordance
with all Collier County regulations in effect at the time of Final SDP or building permit application.
9. Bind the owner's successor in title to any commitments made under in this document.
Page 4 of 28
Toll Gate Commercial Center
PUDA-PL 201500022800rdinance 92-10
Date: 03.22.17 v.1
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Page 4900 of 5419
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and to
describe the existing conditions of the property proposed to be developed under the project name
of Tollgate Commercial Center.
1.2 LEGAL DESCRIPTION
Commencing at the southeast corner of Section 35, Township 49 South, Range 26 East, Collier
County Florida; thence along the east line of said Section 35 North 1°- 56' —55" West 200.14 feet
to a point on the north right-of-way line of State Road 84(Alligator Alley);thence along said north
right-of-way line, North 89° -45' -01" West 331.23 feet to a point of intersection of said north
right-of-way line of State Road 93 (I-75),and the Point of Beginning of the parcel herein described;
thence continue along said right-of-way line of State Road 84 (Alligator Alley) on the following
five courses:
1) North 89°-45' -01" West 2398.66 feet;
2) South 89° -56' -16" West 1547.43 feet;
3) North 80° -43' -58" West 709.38 feet;
4) North 39° -52' -42" West 209.91 feet;
5) North 10° -24' -33" West 209.94 Feet to a point on the East Limited Access, right-of way
line of State Road 93 (1-75);
thence continue along said Limited Access, right-of-way line of State 93 (1-75) on the following
nine courses:
1) North 3° -19' -52" East 285.34 feet;
2) North 23° -37' -28" East 149.83 feet;
3) North 64°-12' -39" East 149.83 feet;
4) North 86° -37' -01" East 778.54 feet;
5) South 87° -55' -12" East 318.82 feet;
6) South 78° -44' -38" East 318.32 feet;
7) South 74° -09' -17" East 1199.30 feet;
8) South 73° -00' -33" East 1904.96 feet;
9) southeasterly 233.67 feet along the arc of a circular curve concave to the northeast, having
a radius of 116.2116 feet, subtended by a chord which bears South 75° -35' -07" East 223.67 feet
to the north right-of-way line of State Road 84 (Alligator Alley); and the Point of Beginning of the
parcel herein described; being a part of south '/2, Section 35, Township 49 South, Range 26 East,
Collier County, Florida; subject to easements and restrictions of records; containing 69.40 acres
of land more or less; bearings are based on Florida Department of Transportation right-of-way
map for State Road 93 (1-75).
Page 5 of 28
Toll Gate Commercial Center
PCDA-PL 201500022800rdinance 92-10
Date: 03.22.17 v.1
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Page 4901 of 5419
ALSO INCLUDING THE FOLLOWING:
Description of part of Section 35, Township 49 South, Range 26 East, and part of Section 2,
Township 50 South, Range 26 East, Collier County, Florida
COMMENCE at an iron pipe marking the Northeast Corner of said Section 2; thence North 89°
45' 01" West, 337.83 feet along the North line of said Section 2 for a POINT OF BEGINNING;
thence South 00° 02' 19" East, 59.98 feet; thence South 89° 57' 41" West, 2,300.70 feet; thence
on a course traversing from said Section 35, South 89° 56' 02" West, 2,448.74 feet; thence North
45° 46' 16" West, 71.58 feet; thence North 01° 28' 34" West, 705.25 feet to the Easterly Limited
Access R/W Line of S.R. 951 (Section 03175-2409); thence South 10°24' 33"East, 209.94 feet;
thence South 39° 52' 42" East, 209.91 feet; thence South 80° 43" 58" East, 709.38 feet; thence
North 89°56' 16"East, 1,547.43 feet;thence South 89°45' 01"East,2,396.67 feet to the Southerly
Existing Limited Access R/W Line of S.R. 93 (03175-2409);thence South 00°02' 19"East,200.00
feet to the POINT OF BEGINNING.
Less and except the East 100.00 feet thereof.
Containing 30.835 acres, more or less.
The entire project area is 100.235 acres.
Number of acres devoted to various categories of land use:
Development area 70.72
Water management area 17.84
Road Right-of-Way 6.7
F.P.L Easement 4.98
GENERAL LOCATION OF PROJECT SITE
Tollgate Commercial Center is located in the southeast quadrant of the Interstate I-75/CR-951
interchange, approximately five miles east of the Naples Airport at the eastern terminus of Davis
Boulevard (SR 84).
1.3 PROPERTY OWNERSHIP
The subject property is currently owned by and under the unified control of Tollgate
Commercial Center, a Florida General Partnership. The ownership of this property on
April 25th, 2017 is Toll Gate Naples LLC, and Sky Angel Center LLC.
Page 6 of 28
Toll Gate Commercial Center
PCDA-Pl.201500022800rdinance 92-10
Date: 03.22.17 v.1
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1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. COMPREHENSIVE PLAN DESIGNATION: The project site is designated
Interstate Activity Center on the Collier County Growth Management Plan.
B. CURRENT ZONING: The project site is currently zoned PUD.
C. EXISTING LAND USE: At the present time the site is unoccupied except for a
104 room motel.
D. ADJACENT LAND USE: The adjacent lands are predominately vacant at the
present time. The northwest and southwest corners of CR 951 and SR 84 are
presently used as gasoline service stations.
The properties north of the I-75 right-of-way and the properties south of CR 84 are
vacant.
1.5 PHYSICAL DESCRIPTION
The elevation of the project site varies form 9.8 feet to 11.6 feet. Tollgate Commercial
Center lies within Zone X as identified on the Federal Flood Insurance Rate Map. Zone X
is identified as those areas between limits of the 100-year flood and 500-year flood. This
means that no development will be occurring within the 100-year flood prone area.
A. SOILS: There are three types of soil cover on the project site. They are Arzell fine
sands, Keri fine sands and Pompano fine sands. The distribution of these soil types
is shown in Map E.
B. VEGETATIVE COVER: A breakdown of the vegetative cover of the project area
is as follows:
VEGETATION COMMUNITY ACREAGE
Pineland 1.00
Saw Palmetto/Rusty Lyonia 4.21
Transitional Zone/Cypress 29.40
Functional Wetland 9.40
Cabbage Palm Heads 30
Improved/Platted 30.67
Cleared/Filled Unplatted Former R/W 21.66
F.P.L. R/W 3.60
TOTAL 100.24
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There are no unique features of the vegetation. All species and associations are
typical" for soil types common to pine flatwoods of level sandy areas of Collier
County.
C. WILDLIFE: Wildlife, observed or noted from tracks, nests, etc. consisted of the
representative species, such as raccoon, snakes and wading birds, which normally
occur in a habitat such as the Tollgate Commercial Center site.
No endangered or threatened species were observed on the site.
D. HISTORICAL OR ARCHAEOLOGICAL SITES: John Beriault, Field
Representative of the S.W. Florida Archaeological Society, searched for such sites
and believes none exist on the tract.
E. WASTEWATER MANAGEMENT: Waste water treatment is being provided by
the Collier County Sewage Treatment System. Temporary on-site wastewater
treatment facilities for which all necessary permits have been granted may be
installed during any period of time in which sewage treatment service is not
available from Collier County.
F. WATER MANAGEMENT: The Water Management Plan provides for site runoff
transport to a system of hardwood forest, marsh, and open water ponds. The Water
Management Plan is designed to meet SFWMD and County criteria.
Minimum road elevations and discharge control will be designed for the 25-year,
3- day rainfall event. The finished floor elevations will be established by the 100
year-zero discharge design event.
G. WATER SUPPLY: Potable water is being supplied by the Collier County Water-
Sewer District.
Non-potable water utilized for landscape irrigation and other non-human
consumptive uses will be procured from on-site wells, or from the County treated
sewage effluent distribution system.
H. SOLID WASTE: Solid waste is being disposed of at the Collier County Sanitary
Landfill. Collection is provided by Waste Management of Collier County, a
franchised hauler.
I.ELECTRICITY: Electricity is being provided by the Florida Power & Light
Company, Inc.
J.POLICE PROTECTION: Police protection is provided by the Collier County
Sheriff Department.
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K. FIRE PROTECTION: Fire protection is provided by the Golden Gate Fire Control
and Rescue District.
L. TELEPHONE: Telephone service is provided by United Telephone of Florida.
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally described the project plan of development,
relationships to applicable County ordinances,the respective land uses of the tracts included in the
project, as well as other project relationships.
2.2 GENERAL
A. Regulations, requirements and references for development of Tollgate Commercial Center
shall be in accordance with the contents of this document. Where these regulations fail to
provide development standards, then the provisions of the most similar district in the
Collier County Land Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set
forth in Collier County Land Development Code.
C. All conditions imposed and all graphic material presented depicting restrictions for the
development of Tollgate Commercial Center shall become part of the regulations which
govern the manner in which the PUD site may be developed.
D. Unless specifically waived through variance or waiver provisions within the PUD, those
applicable regulations not otherwise provided for in this PUD remain in full force and
effect.
E. Each tract, as identified on the Master Plan, shall require the submittal, review and
subsequent approval of a Site Development Plan prior to the issuance of a Final Local
Development Order.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan is illustrated graphically by Exhibit "A", PUD Master
Development Plan.
SCHEDULE OF DEVELOPMENT
Project development is underway and will continue to build-out.
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The following schedule indicates the anticipated start and completion dates for the various
project development Phases. Phase boundaries are indicated on the Master Development Plan.
TABLE I
PHASE ACREAGE SITE START COMPLETE
I 54.51 54.4 1988 1993
1I 26.44 26.4 1992 1995
III 19.29 19.2 1993 1996
TOTALS 100.24 100.0
A. Table I is a schedule of Development, with the approximate acreage of the total project
indicated. The arrangement of these land areas are shown on the PUD Master Development
Plan (Exhibit "A"). The Master Development Plan is an illustrative preliminary
development plan. Design criteria and layout is illustrative on the Master Development
Plan and other exhibits supporting this project. It shall be understood that these exhibits
are to remain flexible so the final design may satisfy development objectives and be
consistent with the project development, as set forth in this document.
Minor changes to the master plan shall be subject to the provisions of Section 2.7.3.5,
Division 2.7, Article 2 10.02.13.E. - Planned Unit Development (PUD) Procedures of
the Collier County Land Development Code. The final size of the open space lands will
depend on the actual requirements for drive patterns, parking layout and requirements, and
development parcel size and configuration.
B. In addition to the various areas and specific items shown in Exhibit "A", such utility and
other easements as are necessary shall be established within or along the various tracts.
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Record Plat, for all or part of the PUD, final plans of all required
improvements shall receive approval of the appropriate Collier County governmental
agency to insure compliance with the PUD Master Plan, and the Collier County Land
Development Code.
B. Exhibit "A', PUD Master Development Plan, constitutes the required PUD Development
Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if
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applicable, shall be submitted for any area to be subdivided. Any division of property and
the development of the land shall be in compliance with the Collier County Land
Development Code and the platting laws of the State of Florida.
C. The development of any tract or parcel contemplating fee simple ownership of land shall
be required to submit and receive approval of a Preliminary Subdivision Plat in
conformance with the requirements of Division 3.2, Article 3, Section 10.02.04. -
Requirements for Preliminary and Final Subdivision Plats of the Collier County Land
Development Code, prior to the submittal of construction plans and plat for any portion of
the tract or parcel.
D. Appropriate instruments will be provided at the time of infrastructural improvements
regarding any dedications and method for providing perpetual maintenance of common
facilities.
E. The developer or subsequent owner of any platted parcel or platted tract shall, prior to
application for a building permit, submit a Site Development Plan (SDP) or Preliminary
Subdivision Plat for the tract or parcel to the Development Services Department for
approval for applicable development subject to the provisions of Division 3.3, Article 3 of
the Collier County Land Development Code.
2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in Section 2.7.3.5.1, Division 2.7, Article 2
10.02.13.E. - Planned Unit Development (PUD) Procedures of the Collier County Land
Development Code.
2.6 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL
As provided for within Section 2.7.3.4, Division 2.7, Article 2 10.02.13.D. - Planned Unit
Development (PUD) Procedures of the Collier County Land Development Code.
2.7 POLLING PLACES
As provided for in Section 3.2.8.3.11, Division 3.2,Article 3 2.01.04-Polling Places of the Collier
County Land Development Code.
2.8 PUD MONITORING
An annual monitoring report shall be submitted pursuant to Section 2.7.3.6, Division 2.7, Article
2— 10.02.13.F. - Planned Unit Development (PUD) Procedures of the Collier County Land
Development Code.
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SECTION III
COMMERCIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify the type of Commercial Uses and development standards
that will be applied to the areas so designated on Exhibit"A", as "A" Parcels.
3.2 DEVELOPMENT INTENT FOR PARCEL "A"
It is the intent of this document that "A" designated development parcels be used for commercial
purposes which serve the motoring public using Interstate I-75 as well as providing limited
commercial goods and services of an area-wide nature for the Naples, Marco Island, Golden Gate
and the Immokalee urban areas.
Further it is the intent of this document that "A" designated development parcels shall be used in
accordance with all current Federal, State and County regulations in effect at the time final local
development orders are issued except as specified otherwise in this document by the Collier
County Board of County Commissioners.
3.3 COMMERCIAL USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole
or part, for other than the following:
A. Principal Uses
No building or structure, or part thereof, shall be erected, altered or used or land or water
used, in whole or in part, for other than the following:
a) Automobile service stations including engine tune-ups and minor repairs, and car
wash facilities which are accessory uses.
b) Banks and financial institutions, business and professional offices.
c) Cocktail lounges and commercial entertainment.
d) Convention and exhibition halls.
e) Department stores; drug stores; dry cleaning shops and dry goods stores.
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f) Electronic games and furniture sales.
g) Ice cream shops and dairy drive-in stores.
h) Motels; hotels and other transient lodging facilities.
i) Research and design labs; restaurants and fast food restaurants.
j) Shopping centers.
k) Souvenir stores and stationery stores.
I) Supermarkets
m) Variety stores; vehicle rental-automobile and U-haul type of vehicles and
equipment including outside display; veterinary offices and clinics; no outside
kenneling.
n) Any other commercial or professional service which is comparable in nature with
the foregoing uses and which the Planning Implementation Director determines to
be compatible in the district.
B. Permitted Accessory Uses and Structures
a) Any accessory uses or structures customarily associated with the permitted
principal uses and structures.
b) Caretakers residence.
C. Permitted Provisional Uses and Structures
a) Car wash facilities which are principal uses.
b) Permitted uses with less than one thousand (1,000) square feet gross floor area in
the principal structure.
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3.3.1. Institutional Uses Permitted
A. Uses permitted
In addition to the uses set forth in Section 3.3., the following principal uses are
permitted on the property described on Tracts 7, 8, 9, on the PUD Master Plan Exhibit
A.
Amusements and Recreational Services, Not Elsewhere Classified (SIC Code 7999):
limited to: - Gymnastics, Instruction, Judo Instruction, Karate Instruction, Yoga
Instruction, Scuba and Skin Diving Instruction, and Day Camps.
Business Associations (SIC Code 8611)
Child Daycare Services (SIC Code 8351)
Civil and Fraternal Organizations (SIC Code 8641)
Dance Studios and Schools (SIC Code 7911)
Job Training and Vocational Rehabilitation Services (SIC Code 8331)
Physical Fitness Facilities (SIC Code 7991)
Professional Membership Organizations (SIC Code 8621)
Religious Organizations (SIC Code 8661)
Social Services (SIC Code 8322) : Excluding: Alcoholism Counseling, Non-Residential
Except Medical Treatment, Offender Rehabilitation Agencies, Parole Offices, Probation
Offices, and Offender self-help agencies.
B. Permitted Accessory Uses and Structures.
a) Any accessory uses or structures customarily associated with the permitted
principal uses and structures.
3.4 DEVELOPMENT STANDARDS
I) Minimum Lot Area: Ten thousand (10,000) square feet.
2) Minimum Lot Width: One hundred (100) feet as measured at the front building setback
line.
3) Minimum Yard Requirements:
a) Front Yard—Twenty-five(25)feet plus one(1)foot for each two(2)feet of building
height over fifty (50) feet.
b) Side Yard —None or a minimum of five (5) feet with unobstructed passage from
front to rear yard for non-residential uses. Fifteen (15) feet for motels, hotels and
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transient lodging facilities plus one (1) foot for each two (2) feet of building height
over fifty (50) feet.
c) Rear Yard—Twenty-five (25) feet.
d) Waterfront — Twenty-five (25) feet from the normal water line of any artificially
created body of water, excluding observation decks, bridges and walkways.
4) Maximum Height: One hundred (100) feet.
5) Minimum Floor Area of Principal Structure: One thousand(1,000)square feet per building
on the ground floor, except that gasoline service stations and other permitted areas for
which the principal activity does not occur in a structure shall not require a minimum floor
area.
6) Maximum Density: Twenty-six (26) units per gross acre of land for hotels, motels or
transient lodging facilities.
7) Distance between Principal Structures on same Site: one-half the sum of the heights.
8) Signs: As required by Division 2.5 Section 5.06.00 — SIGN REGULATIONS AND
STANDARDS BY LAND USE CLASSSIFICATION of the Land Development Code.
9) Minimum Off-Street Parking and Off-Street Loading Requirements: As required by
Division 2.3 Section 4.05.00 of the Collier County Land Development Code.
10) Minimum Landscaping Requirements:
a.Landscape buffer width requirement adjacent to CR-84 and CR-951: CR-84, 5 feet
and CR-951, 10 feet Type D Buffer with the landscape installation requirements
set forth in the Land Development Code Section 2.4.7.4 alternative D 4.06.02.C.4.
b. Landscape buffer width requirement adjacent to interior platted streets: 5 feet with
alternative A of subsection 2.4.7.4of the buffer standards Type A Buffer pursuant
to the Land Development Code Section 4.06.02.C.1.
c.Landscape buffer width requirement adjacent to side lot lines, 5 feet for lots which
are independently developed with discreet off street parking and drive systems:
none for lots which are developed with an off street parking and drive systems
which are planned to extend across one or more side lot lines so as to serve in
common the adjoining lot(s).
d. All landscaping requirements of Division 2.4 Section 4.06.00 - Landscaping,
Buffering, and Vegetation Retention of the Land Development Code not in
conflict with a, b, and c shall be applicable.
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e.Landscape buffer plans shall be incorporated in SDP applications for each
individual development site.
1 1) Outside Merchandise Storage and displaying: Unless specifically authorized by this PUD
documents or by an approved Site Development Plan, outside storage or display of
merchandise is prohibited.
12) Uses set forth in Section 3.3.1, shall meet the standards of the "Activity Center #9
overlay in the Future Land Use Element of the Growth Management Plan." Existing
buildings and structures, as shown on an SDP approved before the date of adoption
of this Ordinance, may remain as non-conforming until redevelopment.
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SECTION IV
COMMERCIAL/LIGHT INDUSTRIAL USES
4.1 PURPOSE
The purpose of this Section is to identify the type of Commercial/Industrial Uses and
development standards that will be applied to the areas designated on Exhibit"A" as "B"
Parcels.
4.2 DEVELOPMENT INTENT FOR PARCEL "B"
It is the intent of this document that"B" designated development parcels by-be used for both "A"
designated uses and for the sale, service, transportation, storage and distribution of goods and
service to the traveling public on 1-75 and to the citizens of the area which can be served via the
access road systems.
A major function of these parcels is to serve as a focal point for the arrival of goods from other
points of the region and country and then be processed for distribution to the local trade market.
It is intended that inside storage and warehousing along with limited assembly and manufacturing
wholly within a building and not obnoxious by reason of emission of odor, fumes, dust, smoke,
noise or vibration be permitted.
Further, it is the intent of this document that"B"designated Parcels be used in accordance with all
of the current Federal, State and County regulations in effect at the time final local development
orders are issued except as specified otherwise in this document or as may be approved otherwise
by the Collier County Board of Commissioners.
4.3 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in
whole or in part of other than the following:
A. Principal Uses:
a) Any principal use or structure permitted on "A" designated development parcels.
b) Assembly operations in an enclosed building.
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c) Building supplies and contractors storage facilities; bulk storage yards not
including junk or salvage yards.
d) Car wash, communications service and equipment repair.
e) Freight movers and storage.
f) Laboratories, research, design and testing; laundries; lawn maintenance shops and
plant nurseries; light manufacturing or processing (include food processing but not
abattoir; packaging or fabricating in a completely enclosed building).
g) Miscellaneous uses such as express office; telephone exchange; motor or bus or
truck or other transportation terminal and related uses; motorcycle sales, service
and repair; museums and tourist attractions.
h) New and used car sales, service and repair including outside display.
i) Offices, general purpose.
j) Warehousing, wholesaling, storage and distributing establishments and similar
uses.
k) Any other commercial or professional use which is comparable in nature with the
foregoing uses and which the Planning Implementation Director determines to be
compatible in the district.
B. Permitted Accessory Uses and Structures:
1) Any accessory use or structure customarily associated with the permitted uses and
structures.
C. Permitted Provisional Uses and Structures:
1) Attached residence in conjunction with a business—one (1) per business.
2) Permitted use with less than 1,000 square feet gross floor areas in the principal
building.
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4.3.1. Institutional Uses Permitted
A. Uses permitted
In addition to the uses set forth in Section 4.3.,the following principal uses are permitted
on Tracts 16-20, and 24-25 on the PUD Master Plan Exhibit A.
Amusements and Recreational Services, Not Elsewhere Classified (SIC Code 7999):
limited to: - Gymnastics, Instruction, Judo Instruction, Karate Instruction, Yoga
Instruction, Scuba and Skin Diving Instruction, and Day Camps.
Business Associations (SIC Code 8611)
Child Daycare Services (SIC Code 8351)
Civil and Fraternal Organizations (SIC Code 8641)
Dance Studios and Schools (SIC Code 7911)
Job Training and Vocational Rehabilitation Services (SIC Code 8331)
Physical Fitness Facilities (SIC Code 7991)
Professional Membership Organizations (SIC Code 8621)
Religious Organizations (SIC Code 8661)
Social Services (SIC Code 8322) : Excluding: Alcoholism Counseling, Non-Residential
Except Medical Treatment, Offender Rehabilitation Agencies, Parole Offices, Probation
Offices, and Offender self-help agencies.
B. Permitted Accessory Uses and Structures.
a) Any accessory uses or structures customarily associated with the permitted
principal uses and structures.
4.4 DEVELOPMENT STANDARDS
1) Minimum Lot Area: Ten thousand (10,000) square feet.
2) Minimum Lot Width: One hundred (100) feet as measured at the front building setback
line.
3) Minimum Yard Requirements:
a) Front Yard—Twenty-five (25) feet.
b) Side Yard —None, or a minimum of five (5) feet with unobstructed passage from
front to rear yard for non-residential uses. Fifteen (15) feet for hotels, motels and
transient lodging facilities plus one (1) foot for each two (2)feet of building height
over fifty (50) feet. Attached residences shall be treated as non-residential.
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c) Rear Yard —Twenty-five (25) feet.
d) Waterfront—Twenty-five (25) feet from the normal level of any artificially created
body of water, excluding observation decks, bridges and walkways.
4) Maximum Height: One hundred (100) feet.
5) Minimum Floor Area of Principal Structure: One thousand (1,000)square feet per building
on ground floor, except that gasoline service stations and other permitted uses for which
the principal activity does not occur in a structure shall not require a minimum floor area.
6) Maximum Density: Twenty-six (26) units per gross acre of land for hotel, motel and
transient lodging facilities.
7) Distance between Structures: One-half the sum of the heights.
8) Signs: As required by Division 2.5 Section 5.06.00 of the Collier County Land
Development Code.
9) Minimum Off-Street Parking and Off-Street Loading Requirements: As required by
Division 23 Section 4.05.00 Off-Street Parking and Loading of the Collier County Land
Development Code.
10) Minimum Landscaping Requirements:
a. Landscape buffer width requirement adjacent to CR-84 and CR-951: CR-84, 5 feet
and CR-951, 10 feet Type D Buffer with the landscape installation requirements set
forth in the Land Development Code Section 2.4.7.4 alternative D 4.06.02.C.4
b. Landscape buffer width requirement adjacent to interior platted streets: 5 feet with
alternative A of subsection 2.4.7.4 of the buffer standards Type A Buffer pursuant
to the Land Development Code Section 4.06.02.C.1.
c. Landscape buffer width requirement adjacent to side lot lines, 5 feet for lots which are
independently developed with discreet off street parking and drive systems: none for
lots which are developed with an off street parking and drive systems which are
planned to extend across one or more side lot lines so as to serve in common the
adjoining lot(s).
d. All landscape requirements of Division 2.1 Section 4.06.00 Landscape, Buffering,
and Vegetation Retention of the Land Development Code not in conflict with a, b,
and c shall be applicable.
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e. Landscape buffer plans shall be incorporated in SDP applications for each individual
development site.
1 1) Merchandise Storage and Display: Unless specifically authorized by this PUD documents
or an approved Site Development Plan, or of a nature which is permitted generally,outside
storage or display or merchandise is prohibited.
12) Uses set forth in Section 4.3.1, shall meet the standards of the "Activity Center #9
overlay in the Future Land Use Element of the Growth Management Plan." Existing
buildings and structures, as shown on an SDP approved before the date of adoption
of this Ordinance, may remain as non-conforming until redevelopment.
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SECTION V
GENERAL DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the standards for the development of the project.
5.2 PUD MASTER PLAN
A. The PUD Master Plan is an illustrative preliminary development plan.
B. The design criteria and layout illustrated in the Master Development Plan shall be
interpreted as preliminary and understood to be flexible so that the final design may best
satisfy the project and comply with all applicable requirements. Minor design changes
shall be permitted subject to Staff approval.
C. All necessary easements, dedication, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities.
D. Overall site design shall be harmonious in terms of landscaping, enclosure of structure,
locations of all improved facilities and location and treatment of buffer areas.
5.3 ENGINEERING
A. The developer and all subsequent petitioners are hereby placed on notice that they shall be
required to satisfy the requirements of all County ordinances or codes in effect prior to or
concurrent with any subsequent development order relating to this site. This includes, but
is not limited to, Preliminary Subdivision Plats, Site Development Plans and any other
application that will result in the issuance of a final or final local development order.
B. The project shall be platted in accordance with the Collier County Subdivision Cede
Section 10.02.04 -Requirements for Preliminary and Final Subdivision Plats to define
the right-of-way, tracts, and water management areas as shown on the master plan.
C. Landscaping shall not be placed within the water management areas unless specifically
approved by project Review Services.
D. Provide a landscape buffer along the entire southern property line in accordance with
Section with Section 3.4 (10) and 4.4 (10) of this PUD.
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E. Should the South Florida Water Management District, during its permit review process,
require a natural vegetative buffer be created between the lots and any jurisdictional
wetland Preserve and/or Conservation tract, the buffer shall not be located within the
boundaries of the lot(s) unless otherwise waived by the South Florida Water Management
District. It shall be created as a separate platted tract or as a buffer Easement over an
expanded limit of the Preserve tracts, which would be dedicated as Preserve/Drainage
tracts, to include the buffer within the Preserve tract. If the buffer is located within a
separate tract, that tract shall be dedicated on the plat to the project's homeowners
association or like entity for ownership and maintenance responsibilities and if necessary,
to Collier County with no responsibility for maintenance. All Preserve buffer easements
or buffer tracts shall be created in conformance with the provisions of Chapter 704.06,
Florida Statutes.
F. Land Development Code, Section 3.2.8.1.16.6 6.06.01 — Street System Requirements
Dead end streets maximum length not to exceed 1,000 feet: Waived to a maximum length
of 1,050 feet.
G. Land Development Regulations, Section 3.2.8.4.16 6.06.01 — Street System
Requirements— All local streets within commercial subdivision shall be designed
according to the typical section for collector streets contained in the County Standards.
Waived subject to right-of-way and other dimension requirements for the roads to meet
local street standards and the pavements structure to meet collector standards.
H. Land Development Code, Section 3.2.8.4.7 6.01.02 — Easements: Utility easements will
be provided as needed with Collier County utility easements (C.U.E.) at a minimum of
fifteen (15) feet.
I.Land Development Code, Section 3.2.8.3.17 6.06.02 — Sidewalks, Bike Lane and
Pathways Requirements. Not waived since existing phase already has sidewalks and it
will maintain the continuity for pedestrian's access purposes.
5.4 UTILITIES
A. Water distribution, sewage collection and transmission and interim water and/or sewage
treatment facilities to serve the project are to be designed, constructed, conveyed, owned
and maintained in accordance with Collier County Ordinance No. 88 76 Collier County
Code of Laws and Ordinances Chapter 134 Utilities, Section 134-47, Policies and
Standards, as amended, and other applicable County rules and regulations.
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B. All customers connecting to the water distribution and sewage collection facilities to be
constructed will be customers of the County and will be billed by the County in accordance
with the County's established rates.
C. The on-site water distribution system to serve the project must be connected to the existing
water main on Tollhouse Drive and/or CR-84 rights-of-way consistent with the main sizing
requirements specified in the County's Water Master Plan and extended throughout the
project. During design of these facilities, dead end mains shall be eliminated by looping
the internal pipeline network.
D. The utility construction documents for the project's sewerage system shall be prepared so
that all sewage flowing to the County's master pump station is transmitted by one(1)main
on-site pump station. Due to the design and configuration of the master pump station, flow
by gravity into the station will not be possible. The Developer's Engineer shall meet with
the County Staff prior to commencing preparation of construction drawings, so that all
aspects of the sewerage system design can be coordinated with the County's sewer master
plan.
E. The existing off-site water facilities of the District must be evaluated for hydraulic capacity
to serve this project and reinforced as required, if necessary, consistent with the County's
Water Master Plan to insure that the District's water system can hydraulically provide a
sufficient quantity of water to meet the anticipated demands of the project and the District's
existing committed capacity.
F. The existing off-site sewage transmission facilities of the district must be evaluated for
hydraulic capacity to serve this project improved as required outside the project boundary
to provide adequate capacity to transport the additional wastewater generated without
adverse impact to the existing transmission facilities.
5.5 WATER MANAGEMENT AND ENGINEERING
A. Detailed paving, grading, site drainage and utility plans shall be submitted to Project
Review Services for review. No construction permits shall be issued unless and until
approval of the proposed construction in accordance with the submitted plans is granted by
Project Review Services.
B. Work within Collier County right-of-way shall meet the requirements of Collier County
Right of Way Ordinance No. 8291-03-37, as amended.
C. An Excavation Permit will be required for the proposed lakes(s) in accordance with
Division 3.5-of the Collier County Land Development Code Collier County Code of Laws
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and Ordinances Chapter 22, Article IV, Excavation. The standards related to depths
may be modified in accordance with DER DEP and ACOE USACE permits.
D. Each building site will be required to provide a minimum 1/2 inch of dry pre-treatment on
site, unless otherwise waived by South Florida Water Management District.
5.6 ENVIRONMENTAL
A. All jurisdictional wetlands and mitigation areas on-site shall be designated as
conservation/preserve tracts or easements on all construction plans and shall be recorded
on the plat with protective covenants similar to or as per Chapter 704.06 of the Florida
Statutes.
B. In the case of mitigation off-site any purchase must be within the Conservation and
Recreational Lands (CARL) or the Corkscrew Regional Ecological Watershed Lands
CREW) or other areas approved for mitigation by the Florida Department of
Environmental Regulation. The ultimate transfer of deed(s) of land(s) to Florida
Department of Natural Resources, Division of State Lands must occur prior to final
construction plan/plat approvals.
C. Control structures on-site shall be constructed in accordance with State and Federal
permits.
5.7 WATER MANAGEMENT
A. Detailed paving, grading, and site drainage plans shall be submitted to Project Review
Services for review. No construction permits shall be issued unless and until approval of
the proposed construction in accordance with the submitted plans is granted by Project
Review Services.
B. Design and construction of all improvements shall be subject to compliance with the
appropriate provisions of the Collier County Subdivision Regulations.
C. An Excavation Permit will be required for the proposed lake(s) in accordance with Division
3.5 of the Collier County Land Development Code Collier County Code of Laws and Ordinances
Chapter 22, Article IV, Excavation. The standards related to depths may be modified in
accordance with DER DEP and ACOE USACE permits.
D. A copy of SFWMD Permit or Early Work Permit is required prior to construction plan
approval.
E. Each building site will be required to provide a minimum '/2 inch of dry pre-treatment on-
site, unless otherwise waived by South Florida Water Management District.
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5.8 TRANSPORTATION
A. The final location of major access points along Davis Boulevard shall be determined during
the SMP process approval of the Final Subdivision Plat or Site Development Plan.
Such major access points shall provide primary access and internal road circulation and
shall typically include turn land improvements based on projected traffic conditions.
Secondary access points between Davis Boulevard and individual parcels shall be
prohibited unless approved consistent with Ordinance 82 91 the Final Subdivision Plat
as may be amended and with the following access control criteria:
1. safety
2. proper geometric design
3. effects on the capacity of Davis Boulevard
4. traffic volumes using the proposed access point
5. other roadways providing access to the site
6. the combined effect of access to any and all tracts both within this PUD and
adjacent PUD's
7. spacing of access points
Collier County reserves the right to close any approved secondary access to and from Davis
Boulevard should it at any time be found to create a traffic hazard or to adversely affect
the capacity or level of service of that roadway.
B. The road impact fee shall be as set forth in Ordinance 85 55 Collier County Code of Laws
and Ordinances Chapter 74, as amended, and shall be paid at the time building permits
are issued unless otherwise approved by the Board of County Commissioners.
C. Access improvements shall not be subject to impact fee credits and shall be in place before
any certificates of occupancy are issued.
D. All traffic control devices used shall conform with the Manual on Uniform Traffic Control
Devices as required by Chapter 316.0747 Florida Statutes.
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Page 28 of 28
Page 4924 of 5419
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i
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
May 15, 2017
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann P. Jennejohn, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 17-15, which was filed in this office on May 15, 2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us Page 4925 of 5419
Tollgate Commercial Center CPUD
PUD Amendment
REVISED PUD DOCUMENT
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PLANNED UNIT DEVELOPMENT
TOLLGATE COMMERCIAL CENTER
PREPARED BY:
RICHARD D. YOVANOVICH
COLEMAN, YOVANOVICH & KOESTER, P.A.
4001 TAMIAMI TRAIL NORTH, SUTIE 300
NAPLES, FLORIDA 34103
(239) 435-3535
And
ROBERT L. DUANE
ROBERT L. DUANE & ASSOCIATES, A.I.C.P
4880 TAMARIND RIDGE DRIVE,
NAPLES, FLORIDA 34119
(239) 353-4167
JEM FRANTZ, A.I.C.P.
RVI PLANNING + LANDSCAPE ARCHITECTURE
28100 BONITA GRANDE DRIVE,
BONITA SPRINGS, FLORIDA 34135
(239) 405-7777
DATE REVIEWED BY CCPC: _________
DATE APPROVED BY BCC: _________
ORDINANCE NUMBER: _________
AMENDMENTS AND REPEAL: _________
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TABLE OF CONTENTS
PAGE(S)
LIST OF EXHIBITS AND TABLE 3
STATEMENT OF COMPLIANCE 4
SECTION I PROPERTY OWNERSHIP & DESCRIPTION 5 - 9
SECTION II PROJECT DEVELOPMENT REQUIREMENTS 10 - 12
SECTION III COMMERCIAL AREAS PLAN FOR PARCEL "A" 13 – 18
13 - 17
SECTION IV COMMERCIAL/LIGHT INDUSTRIAL AREAS 19 - 23
FOR PARCEL "B" 18 - 22
SECTION V GENERAL DEVELOPMENT COMMITMENTS 24 – 28
23 – 27
SECTION VI DEVIATIONS 29
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LIST OF EXHIBITS AND TABLES
EXHIBIT “A” PUD Master Plan
TABLE I Schedule of Development
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STATEMENT OF COMPLIANCE
The development of approximately 100.23 acres of property in Collier County and within an
Interchange Activity Center, as a Planned Unit Development to be known as Tollgate Commercial
Center, will be in compliance with the planning goals and objectives of Collier County as set forth
in the Growth Management Plan and its provisions for Interchange Activity Center development.
This compliance includes:
Activity Center Project
1. The subject property is located in an area identified as an Interchange Activity Center in
the Future Land Use Element (FLUE) of the Growth management Plan for Collier County.
2. Interstate Activity Centers are the preferred locations for the concentration of commercial
and mixed use development activities.
3. The subject tract is located on the northeast corner of the intersection of CR-951 and CR-
84. This strategic location allows the site superior access for the placement of
commercial/industrial activities.
4. The project is in compliance with all applicable County regulations. In addition, the project
complies with the Growth Management Plan with the adoption of the Plan amendment
which allows for specifically approved heavy business/light industrial uses, residential
uses, and mixed-use developments to be developed in designated interstate activity centers.
5. The project will be served by a complete range of services and utilities as approved by the
County.
6. The project is compatible with adjacent land uses through the internal arrangement of
structures, the placement of land use buffers and the proposed development standards
contained herein.
7. The Planned Unit Development includes open spaces and naturalized open features which
serve as project amenities.
8. The project shall be developed in accordance with the approved Master Development Plan
and the existing PUD document as approved. In addition, the project shall be developed in
accordance with all Collier County regulations in effect at the time of Final SDP or building
permit application.
9. Bind the owner's successor in title to any commitments made under in this document.
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SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name of Tollgate Commercial Center.
1.2 LEGAL DESCRIPTION
Commencing at the southeast corner of Section 35, Township 49 South, Range 26 East,
Collier County Florida; thence along the east line of said Section 35 North 1 ° - 56' -55"
West 200.14 feet to a point on the north right-of-way line of State Road 84 (Alligator
Alley); thence along said north right-of-way line, North 89° -45' -01" West 331.23 feet to
a point of intersection of said north right-of-way line of State Road 93 (I-75), and the Point
of Beginning of the parcel herein described; thence continue along said right-of-way line
of State Road 84 (Alligator Alley) on the following five courses:
1) North 89° -45' -0 I" West 2398.66 feet;
2) South 89° -56' -16" West 1547.43 feet;
3) North 80° -43' -58" West 709.38 feet;
4) North 39° -52' -42" West 209.91 feet;
5) North 10° -24' -33" West 209.94 Feet to a point on the East Limited Access, right-
of way line of State Road 93 (1-75);
thence continue along said Limited Access, right-of-way line of State 93 (I-75) on the
following nine courses:
1) North 3° -19' -52" East 285.34 feet;
2) North 23° -37' -28" East 149.83 feet;
3) North 64° -12' -39" East 149.83 feet;
4) North 86° -37' -0 l" East 778.54 feet;
5) South 87° -55' -12" East 318.82 feet;
6) South 78° -44' -38" East 318.32 feet;
7) South 74° -09' -17" East 1199.30 feet;
8) South 73° -00' -33" East 1904.96 feet;
9) southeasterly 233.67 feet along the arc of a circular curve concave to the northeast,
having a radius of 116.2116 feet, subtended by a chord which bears South 75° -35' -07''
East 223.67 feet to the north right-of-way line of State Road 84 (Alligator Alley); and the
Point of Beginning of the parcel herein described; being a part of south ½, Section 35,
Township 49 South, Range 26 East, Collier County, Florida; subject to easements and
restrictions of records; containing 69.40 acres of land more or less; bearings are based on
Florida Department of Transportation right-of-way map for State Road 93 (1-75).
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ALSO INCLUDING THE FOLLOWING:
Description of part of Section 35, Township 49 South, Range 26 East, and part of Section
2, Township 50 South, Range 26 East, Collier County, Florida
COMMENCE at an iron pipe marking the Northeast Corner of said Section 2; thence North
89° 45' 01" West, 337.83 feet along the North line of said Section 2 for a POINT OF
BEGINNING; thence South 00° 02' 19" East, 59.98 feet; thence South 89° 57' 41" West,
2,300.70 feet; thence on a course traversing from said Section 35, South 89° 56' 02" West,
2,448.74 feet; thence North 45° 46' 16" West, 71.58 feet; thence North 01° 28' 34" West,
705.25 feet to the Easterly Limited Access R/W Line of S.R. 951 (Section 03175-2409);
thence South I 0° 24' 33" East, 209.94 feet; thence South 39° 52' 42" East, 209.91 feet;
thence South 80° 43" 58" East, 709.38 feet; thence North 89° 56' 16" East, 1,547.43 feet;
thence South 89° 45' 0I" East, 2,396.67 feet to the Southerly Existing Limited Access R/W
Line of S.R. 93 (03175-2409); thence South 00° 02' 19" East, 200.00 feet to the POINT
OF BEGINNING.
Less and except the East 100.00 feet thereof.
Containing 30.835 acres, more or less.
All of Tollgate Commercial Center, Phase One, as recorded in Plat Book 16 Page 1, public
records of Collier County, Florida;
and
All of Tollgate Commercial Center, Phase Two, as recorded in Plat Book 18 Pages 23-24,
public records of Collier County, Florida;
and
All of Tollgate Commercial Center, Phase Three, as recorded in Plat Book 22 Pages 95-
100, public records of Collier County, Florida.
The entire project area is 100.235 acres.
Number of acres devoted to various categories of land use:
Development area 70.72
Water management area 17.84
Road Right-of-Way 6.7
F.P.L Easement 4.98
GENERAL LOCATION OF PROJECT SITE
Tollgate Commercial Center is located in the southeast quadrant of the Interstate 1-75/CR-
951 interchange, approximately five miles east of the Naples Airport at the eastern terminus
of Davis Boulevard (SR 84).
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1.3 PROPERTY OWNERSHIP
The ownership of this property on April 25th, 2017 is Toll Gate Naples LLC, and Sky Angel
Center LLC.
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1.43 GENERAL DESCRIPTION OF PROPERTY AREA
A. COMPREHENSIVE PLAN DESIGNATION: The project site is designated
Interstate Interchange Activity Center on the Collier County Growth Management
Plan.
B. CURRENT ZONING: The project site is currently zoned PUD.
C. EXISTING LAND USE: At the present time the site is unoccupied except for a 104
room motel.
D. ADJACENT LAND USE: The adjacent lands are predominately vacant at the
present time. The northwest and southwest corners of CR 951 and SR 84 are
presently used as gasoline service stations.
The properties north of the I-75 right-of-way and the properties south of CR 84 are
vacant.
1.54 PHYSICAL DESCRIPTION
The elevation of the project site varies from 9.8 feet to 11.6 feet. Tollgate Commercial
Center lies within Zone X as identified on the Federal Flood Insurance Rate Map. Zone X
is identified as those areas between limits of the 100-year flood and 500-year flood. This
means that no development will be occurring within the 100-year flood prone area.
A. SOILS: There are three types of soil cover on the project site. They are Arzell fine
sands, Keri fine sands and Pompano fine sands. The distribution of these soil types
is shown in Map E.
B. VEGETATIVE COVER: A breakdown of the vegetative cover of the project area
is as follows:
VEGETATION COMMUNITY ACREAGE
Pineland 1.00
Saw Palmetto/Rusty Lyonia 4.21
Transitional Zone/Cypress 29.40
Functional Wetland 9.40
Cabbage Palm Heads .30
Improved/Platted 30.67
Cleared/Filled Unplatted Former R/W 21.66
F.P.L. R/W 3.60
TOTAL 100.24
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There are no unique features of the vegetation. All species and associations are
"typical" for soil types common to pine flatwoods of level sandy areas of Collier
County.
C. WILDLIFE: Wildlife, observed or noted from tracks, nests, etc. consisted of the
representative species, such as raccoon, snakes and wading birds, which normally
occur in a habitat such as the Tollgate Commercial Center site.
No endangered or threatened species were observed on the site.
D. HISTORICAL OR ARCHAEOLOGICAL SITES: John Beriault, Field
Representative of the S.W. Florida Archaeological Society, searched for such sites
and believes none exist on the tract.
E. WASTEWATER MANAGEMENT: Waste water treatment is being provided by
the Collier County Sewage Treatment System. Temporary on-site wastewater
treatment facilities for which all necessary permits have been granted may be
installed during any period of time in which sewage treatment service is not
available from Collier County.
F. WATER MANAGEMENT: The Water Management Plan provides for site runoff
transport to a system of hardwood forest, marsh, and open water ponds. The Water
Management Plan is designed to meet SFWMD and County criteria.
Minimum road elevations and discharge control will be designed for the 25-year,
3-day rainfall event. The finished floor elevations will be established by the 100
year-zero discharge design event.
G. WATER SUPPLY: Potable water is being supplied by the Collier County Water-
Sewer District.
Non-potable water utilized for landscape irrigation and other non-human
consumptive uses will be procured from on-site wells, or from the County treated
sewage effluent distribution system.
H. SOLID WASTE: Solid waste is being disposed of at the Collier County Sanitary
Landfill. Collection is provided by Waste Management of Collier County, a
franchised hauler.
I. ELECTRICITY: Electricity is being provided by the Florida Power & Light
Company, Inc.
J. POLICE PROTECTION: Police protection is provided by the Collier County
Sheriff Department.
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K. FIRE PROTECTION: Fire protection is provided by the Golden Gate Fire Control
and Rescue District.
L. TELEPHONE: Telephone service is provided by United Telephone of Florida.
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally described the project plan of
development, relationships to applicable County ordinances, the respective land uses of the
tracts included in the project, as well as other project relationships.
2.2 GENERAL
A. Regulations, requirements and references for development of Tollgate Commercial
Center shall be in accordance with the contents of this document. Where these
regulations fail to provide development standards, then the provisions of the most
similar district in the Collier County Land Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in Collier County Land Development Code.
C. All conditions imposed and all graphic material presented depicting restrictions for
the development of Tollgate Commercial Center shall become part of the
regulations which govern the manner in which the PUD site may be developed.
D. Unless specifically waived through variance or waiver provisions within the PUD,
those applicable regulations not otherwise provided for in this PUD remain in full
force and effect.
E. Each tract, as identified on the Master Plan, shall require the submittal, review and
subsequent approval of a Site Development Plan prior to the issuance of a Final
Local Development Order.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan is illustrated graphically by Exhibit "A", PUD Master
Development Plan.
SCHEDULE OF DEVELOPMENT
Project development is underway and will continue to build-out.
The following schedule indicates the anticipated start and completion dates for the
various project development Phases. Phase boundaries are indicated on the Master
Development Plan.
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TABLE I
% OF
PHASE ACREAGE SITE START COMPLETE
I 54.51 54.4 1988 1993
II 26.44 26.4 1992 1995
III 19.29 19.2 1993 1996
TOTALS 100.24 100.0
A. Table I is a schedule of Development, with the approximate acreage of the total
project indicated. The arrangement of these land areas are shown on the PUD
Master Development Plan (Exhibit “A”). The Master Development Plan is an
illustrative preliminary development plan. Design criteria and layout is illustrative
on the Master Development Plan and other exhibits supporting this project. It shall
be understood that these exhibits are to remain flexible so the final design may
satisfy development objectives and be consistent with the project development, as
set forth in this document.
Minor changes to the master plan shall be subject to the provisions of Section
10.02.13.E. - Planned Unit Development (PUD) Procedures of the Collier County
Land Development Code. The final size of the open space lands will depend on the
actual requirements for drive patterns, parking layout and requirements, and
development parcel size and configuration.
B. In addition to the various areas and specific items shown in Exhibit “A”, such utility
and other easements as are necessary shall be established within or along the
various tracts.
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Record Plat, for all or part of the PUD, final plans of all
required improvements shall receive approval of the appropriate Collier County
governmental agency to insure compliance with the PUD Master Plan, and the
Collier County Land Development Code.
B. Exhibit “A”, PUD Master Development Plan, constitutes the required PUD
Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary
Subdivision Plat, if applicable, shall be submitted for any area to be subdivided.
Any division of property and the development of the land shall be in compliance
with the Collier County Land Development Code and the platting laws of the State
of Florida.
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C. The development of any tract or parcel contemplating fee simple ownership of land
shall be required to submit and receive approval of a Preliminary Subdivision Plat
in conformance with Section 10.02.04. - Requirements for Preliminary and Final
Subdivision Plats of the Collier County Land Development Code, prior to the
submittal of construction plans and plat for any portion of the tract or parcel.
D. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications and method for providing perpetual
maintenance of common facilities.
E. The developer or subsequent owner of any platted parcel or platted tract shall, prior
to application for a building permit, submit a Site Development Plan (SDP) or
Preliminary Subdivision Plat for the tract or parcel to the Development Services
Department for approval for applicable development subject to the provisions of
the Collier County Land Development Code.
2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in Section 10.02.13.E. - Planned Unit
Development (PUD) Procedures of the Collier County Land Development Code.
2.6 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL
As provided for within Section 10.02.13.D. - Planned Unit Development (PUD)
Procedures of the Collier County Land Development Code.
2.7 POLLING PLACES
As provided for in Section 2.01.04- Polling Places of the Collier County Land
Development Code.
2.8 PUD MONITORING
An annual monitoring report shall be submitted pursuant to Section 10.02.13.F. - Planned
Unit Development (PUD) Procedures of the Collier County Land Development Code.
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SECTION III
COMMERCIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify the type of Commercial Uses and development
standards that will be applied to the areas so designated on Exhibit “A”, as “A” Parcels.
3.2 DEVELOPMENT INTENT FOR PARCEL “A”
It is the intent of this document that “A” designated development parcels be used for
commercial purposes which serve the motoring public using Interstate I-75 as well as
providing limited commercial goods and services of an area-wide nature for the Naples,
Marco Island, Golden Gate and the Immokalee urban areas.
Further it is the intent of this document that “A” designated development parcels shall be
used in accordance with all current Federal, State and County regulations in effect at the
time final local development orders are issued except as specified otherwise in this
document by the Collier County Board of County Commissioners.
3.3 COMMERCIAL USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Principal Uses
No building or structure, or part thereof, shall be erected, altered or used or land or
water used, in whole or in part, for other than the following:
(a) Automobile service stations including engine tune-ups and minor repairs,
and car wash facilities which are accessory uses.
(b) Banks and financial institutions, business and professional offices.
(c) Cocktail lounges and commercial entertainment.
(d) Convention and exhibition halls.
(e) Department stores; drug stores; dry cleaning shops and dry goods stores.
(f) Electronic games and furniture sales.
(g) Ice cream shops and dairy drive-in stores.
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(h) Motels; hotels and other transient lodging facilities.
(i) Research and design labs; restaurants and fast food restaurants.
(j) Shopping centers.
(k) Souvenir stores and stationery stores.
(I) Supermarkets
(m) Variety stores; vehicle rental-automobile and U-haul type of vehicles and
equipment including outside display; veterinary offices and clinics; no
outside kenneling.
(n) Any other commercial or professional service which is comparable in nature
with the foregoing uses and which the Planning Implementation Director
determines to be compatible in the district.
B. Permitted Accessory Uses and Structures
(a) Any accessory uses or structures customarily associated with the permitted
principal uses and structures.
(b) Caretakers residence.
C. Permitted Provisional Uses and Structures
(a) Car wash facilities which are principal uses.
(b) Permitted uses with less than one thousand (1,000) square feet gross floor
area in the principal structure.
3.3.1. Institutional Uses Permitted
A. Uses permitted
In addition to the uses set forth in Section 3.3., the following principal uses
are permitted on the property described on Tracts 7, 8, 9, on the PUD Master
Plan Exhibit A.
-Amusements and Recreational Services, Not Elsewhere Classified (SIC
Code 7999):
limited to: - Gymnastics, Instruction, Judo Instruction, Karate Instruction,
Yoga Instruction, Scuba and Skin Diving Instruction, and Day Camps.
-Business Associations (SIC Code 8611)
-Child Daycare Services (SIC Code 8351)
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-Civil and Fraternal Organizations (SIC Code 8641)
-Dance Studios and Schools (SIC Code 7911)
-Job Training and Vocational Rehabilitation Services (SIC Code 8331)
-Physical Fitness Facilities (SIC Code 7991)
-Professional Membership Organizations (SIC Code 8621)
-Religious Organizations (SIC Code 8661)
-Social Services (SIC Code 8322): Excluding: Alcoholism Counseling,
Non-Residential Except Medical Treatment, Offender Rehabilitation
Agencies, Parole Offices, Probation Offices, and Offender self-help
agencies.
B. Permitted Accessory Uses and Structures.
(a) Any accessory uses or structures customarily associated with the
permitted principal uses and structures.
3.3.2. Residential Uses Permitted
A. Uses permitted.
1. In addition to the uses set forth in Section 3.3., 110 multi-family rental
dwellings are permitted on the property described on Parcel 11 on the
PUD Master Plan Exhibit A, as an alternative to Commercial Uses in
Section 3.3, subject to the following restrictions:
a) Twenty-five (25) units (collectively referred to as “Set Aside Units”)
shall be restricted as follows:
1) Twelve (12) units shall be rented to households whose incomes
are up to and including 80% of the Area Median Income (AMI)
for Collier County and the corresponding rent limits.
2) Thirteen (13) units shall be rented to households whose incomes
are up to and including 100% of the AMI for Collier County and
the corresponding rent limits.
b) There will be no income restrictions on the remaining units on Tract
11. However, the remaining units will be rent restricted at a rent equal
to or less than rents permitted for households whose incomes are up
to and including 120% of the AMI for Collier County. These rent
restrictions will be committed for a period of 30 years from the date
of issuance of certificate of occupancy of the first unit following
conversion of the hotel unit to a multi-family unit. Rent limits may be
adjusted annually based on the rent limit table published by the Florida
Housing Finance Corporation of the U.S. Department of Housing and
Urban Development.
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c) The Set Aside Units shall be committed for a period of 30 years from
the date of issuance of certificate of occupancy of the first Set Aside
Unit. Income and rent limits may be adjusted annually based on
combined income and rent limit table published by the Florida
Housing Finance Corporation or as otherwise provided by Collier
County.
d) By way of example, the 2024 Florida Housing Finance Corporation
Income and Rent Limits for Collier County are:
2024
Collier
County
Median
Household
Income
$104,300
Income Limit by Number
of People in Unit
Rent Limit by Number of
Bedrooms in Unit
Percentage Category 1 2 0 1 2
30% Extremely Low $21,930 $25,050 $548 $587 $704
50% Very Low $36,550 $41,750 $913 $978 $1,173
60% n/a $43,860 $50,100 $1,096 $1,174 $1,408
80% Low $58,480 $66,800 $1,462 $1,566 $1,878
120% Moderate $87,720 $100,200 $2,193 $2,349 $2,817
140% Gap $102,340 $116,900 $2,558 $2,740 $3,286
Income and rent limits may be adjusted annually based on combined
income and rent limit table published by the Florida Housing Finance
Corporation or as otherwise provided by Collier County.
e) Each Set Aside Unit shall initially be held vacant and advertised for
employees of Moorings, Incorporated, and affiliates, or other health
care providers, teachers, first responders, hospitality workers and
government employees for a minimum of 90 days prior to the issuance
of a certificate of occupancy for that unit. If any units remain available
for rent following the expiration of this 90-day period, then the unit
may also be offered to the general public at the rent restricted rate.
1) Each Set Aside Unit will be held vacant and advertised for a
minimum of 90 days from the date the unit is first built and for
forty-five (45) days after said unit becomes available again for
rental, unless it is rented to an income qualifying resident. In the
event that no individual identified in subsection A.1.a) above rents
the available Set Aside Unit, then the unit may also be offered to
the general public, but shall remain a Set Aside Unit and be rent
and income restricted accordingly.
2) At a minimum, advertising will consist of providing written notice
to the Collier County Community and Human Services Division
and the human resource departments for local hospitals, the
Collier County Public School District, Collier County
Government, other municipalities within Collier County, all EMS
and fire districts, and the Collier County Sheriff's Office.
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f) There shall be onsite management at the PUD property at all times.
g) No more than two individuals shall be allowed to reside/occupy in a
unit at any given time.
B. Permitted Accessory Uses and Structures.
Any accessory uses or structures customarily associated with residential
units.
3.4 DEVELOPMENT STANDARDS
(1) Minimum Lot Area: Ten thousand (10,000) square feet.
(2) Minimum Lot Width: One hundred (100) feet as measured at the front building
setback line.
(3) Minimum Yard Requirements:
(a) Front Yard-Twenty-five (25) feet plus one (1) foot for each two (2) feet of
building height over fifty (50) feet.
(b) Side Yard - None or a minimum of five (5) feet with unobstructed passage
from front to rear yard for non-residential uses. Fifteen (15) feet for motels,
hotels, multi-family units, and transient lodging facilities plus one (1) foot
for each two (2) feet of building height over fifty (50) feet.
(c) Rear Yard -Twenty-five (25) feet.
(d) Waterfront - Twenty-five (25) feet from the normal water line of any
artificially created body of water, excluding observation decks, bridges and
walkways.
(4) Maximum Height: One hundred (100) feet.
(5) Minimum Floor Area of Principal Structure: One thousand (1,000) square feet per
building on the ground floor, except that gasoline service stations and other
permitted areas for which the principal activity does not occur in a structure shall
not require a minimum floor area.
a. Minimum Floor Area for Residential Units: 250 square feet.
Pursuant to Section 6 Paragraph 13 of Ordinance No. 2023-65 as amended
and as codified in Chapter 22, Article IV of the Code of Laws and
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Ordinances, the minimum unit size for a multi-family dwelling unit is 250
square feet for two occupants. New multi-family units, including
redevelopment, shall comply with the minimum size requirements in county
ordinances. No more than two individuals shall be allowed to reside/occupy
in a unit at any given time.
(6) Maximum Density:
a. Twenty-six (26) units per gross acre of land for hotels, motels or transient
lodging facilities.
b. Residential density: a maximum of 110 multi-family residential rental units
may be located on Parcel 11 only (22 dwelling units per acre) as shown on
the Master Plan Exhibit A.
(7) Distance between Principal Structures on same Site: one-half the sum of the
heights.
(8) Signs: As required by Section 5.06.00 - SIGN REGULATIONS AND
STANDARDS BY LAND USE CLASSSIFICATION of the Land Development
Code.
(9) Minimum Off-Street Parking and Off-Street Loading Requirements: As required
by Section 4.05.00 of the Collier County Land Development Code.
(10) Minimum Landscaping Requirements:
a. Landscape buffer width requirement adjacent to CR-84 and CR-951: CR-
84, 5 feet and CR-951, 10 feet Type D Buffer with the landscape installation
requirements set forth in the Land Development Code Section 4.06.02.C.4.
b. Landscape buffer width requirement adjacent to interior platted streets: 5
feet with Type A Buffer pursuant to the Land Development Code Section
4.06.02.C.1.
c. Landscape buffer width requirement adjacent to side lot lines, 5 feet for lots
which are independently developed with discreet off street parking and
drive systems: none for lots which are developed with an off street parking
and drive systems which are planned to extend across one or more side lot
lines so as to serve in common the adjoining lot(s).
d. All landscaping requirements of Section 4.06.00 - Landscaping, Buffering,
and Vegetation Retention of the Land Development Code not in conflict
with a, b, and c shall be applicable.
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e. Landscape buffer plans shall be incorporated in SDP applications for each
individual development site.
f. Landscape buffers for Parcel 11 as shown on the Master Plan, Exhibit A: 5-
foot Type A buffers on the north, south and west side of Parcel 11 and a 15-
foot Type B buffer on the east side of Parcel 11 to be located outside of the
FPL easement in the median area on the east side of the building in Parcel
11 (See Deviation #1). If the existing building on Parcel 11 is redeveloped
all landscaping requirements of LDC section 4.06.00 in effect at the time of
redevelopment shall be applicable.
(11) Outside Merchandise Storage and displaying: Unless specifically authorized by this
PUD documents or by an approved Site Development Plan, outside storage or
display of merchandise is prohibited.
(12) Uses set forth in Section 3.3.1 and 3.3.2, shall meet the standards of the “Activity
Center #9 overlay in the Future Land Use Element of the Growth Management
Plan.” Existing buildings and structures, as shown on an SDP approved before the
date of adoption of this Ordinance, may remain as non -conforming until
redevelopment.
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SECTION IV
COMMERCIAL/LIGHT INDUSTRIAL USES
4.1 PURPOSE
The purpose of this Section is to identify the type of Commercial/Industrial Uses and
development standards that will be applied to the areas designated on Exhibit "A" as "B"
Parcels.
4.2 DEVELOPMENT INTENT FOR PARCEL “B”
It is the intent of this document that “B” designated development parcels be used for both
“A” designated uses and for the sale, service, transportation, storage and distribution of
goods and service to the traveling public on 1-75 and to the citizens of the area which can
be served via the access road systems.
A major function of these parcels is to serve as a focal point for the arrival of goods from
other points of the region and country and then be processed for distribution to the local
trade market.
It is intended that inside storage and warehousing along with limited assembly and
manufacturing wholly within a building and not obnoxious by reason of emission of odor,
fumes, dust, smoke, noise or vibration be permitted.
Further, it is the intent of this document that “B” designated Parcels be used in accordance
with all of the current Federal, State and County regulations in effect at the time final local
development orders are issued except as specified otherwise in this document or as may be
approved otherwise by the Collier County Board of Commissioners.
4.3 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part of other than the following:
A. Principal Uses:
(a) Any principal use or structure permitted on “A” designated development
parcels.
(b) Assembly operations in an enclosed building.
(c) Building supplies and contractors storage facilities; bulk storage yards not
including junk or salvage yards.
(d) Car wash, communications service and equipment repair.
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(e) Freight movers and storage.
(f) Laboratories, research, design and testing; laundries; lawn maintenance
shops and plant nurseries; light manufacturing or processing (include food
processing but not abattoir; packaging or fabricating in a completely
enclosed building).
(g) Miscellaneous uses such as express office; telephone exchange; motor or
bus or truck or other transportation terminal and related uses; motorcycle
sales, service and repair; museums and tourist attractions.
(h) New and used car sales, service and repair including outside display.
(i) Offices, general purpose.
(j) Warehousing, wholesaling, storage and distributing establishments and
similar uses.
(k) Any other commercial or professional use which is comparable in nature
with the foregoing uses and which the Planning Implementation Director
determines to be compatible in the district.
B. Permitted Accessory Uses and Structures:
(1) Any accessory use or structure customarily associated with the permitted
uses and structures.
C. Permitted Provisional Uses and Structures:
(1) Attached residence in conjunction with a business - one (1) per business.
(2) Permitted use with less than 1,000 square feet gross floor areas in the
principal building.
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4.3.1. Institutional Uses Permitted
A. Uses permitted
In addition to the uses set forth in Section 4.3., the following principal uses
are permitted on Tracts 16-20, and 24-25 on the PUD Master Plan Exhibit
A.
-Amusements and Recreational Services, Not Elsewhere Classified (SIC
Code 7999): limited to: - Gymnastics, Instruction, Judo Instruction, Karate
Instruction, Yoga Instruction, Scuba and Skin Diving Instruction, and Day
Camps.
-Business Associations (SIC Code 8611)
-Child Daycare Services (SIC Code 8351)
-Civil and Fraternal Organizations (SIC Code 8641)
-Dance Studios and Schools (SIC Code 7911)
-Job Training and Vocational Rehabilitation Services (SIC Code 8331)
-Physical Fitness Facilities (SIC Code 7991)
-Professional Membership Organizations (SIC Code 8621)
-Religious Organizations (SIC Code 8661)
-Social Services (SIC Code 8322): Excluding: Alcoholism Counseling,
Non-Residential Except Medical Treatment, Offender Rehabilitation
Agencies, Parole Offices, Probation Offices, and Offender self-help
agencies.
B. Permitted Accessory Uses and Structures.
(a) Any accessory uses or structures customarily associated with the
permitted principal uses and structures.
4.4 DEVELOPMENT STANDARDS
(1) Minimum Lot Area: Ten thousand (10,000) square feet.
(2) Minimum Lot Width: One hundred (100) feet as measured at the front building
setback line.
(3) Minimum Yard Requirements:
(a) Front Yard -Twenty-five (25) feet.
(b) Side Yard - None, or a minimum of five (5) feet with unobstructed passage
from front to rear yard for non-residential uses. Fifteen (15) feet for hotels,
motels and transient lodging facilities plus one (1) foot for each two (2) feet
of building height over fifty (50) feet. Attached residences shall be treated
as non-residential.
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(c) Rear Yard - Twenty-five (25) feet.
(d) Waterfront- Twenty-five (25) feet from the normal level of any artificially
created body of water, excluding observation decks, bridges and walkways.
(4) Maximum Height: One hundred (100) feet.
(5) Minimum Floor Area of Principal Structure: One thousand (1,000) square feet per
building on ground floor, except that gasoline service stations and other permitted
uses for which the principal activity does not occur in a structure shall not require
a minimum floor area.
(6) Maximum Density: Twenty-six (26) units per gross acre of land for hotel, motel
and transient lodging facilities.
(7) Distance between Structures: One-half the sum of the heights.
(8) Signs: As required by Section 5.06.00 of the Collier County Land Development
Code.
(9) Minimum Off-Street Parking and Off-Street Loading Requirements: As required
by Section 4.05.00 Off-Street Parking and Loading of the Collier County Land
Development Code.
(10) Minimum Landscaping Requirements:
a. Landscape buffer width requirement adjacent to CR-84 and CR-951: CR-
84, 5 feet and CR-951, 10 feet Type D Buffer with the landscape installation
requirements set forth in the Land Development Code Section 4.06.02.C.4
b. Landscape buffer width requirement adjacent to interior platted streets: 5
feet with Type A Buffer pursuant to the Land Development Code Section
4.06.02.C.1.
c. Landscape buffer width requirement adjacent to side lot lines, 5 feet for lots
which are independently developed with discreet off street parking and
drive systems: none for lots which are developed with an off street parking
and drive systems which are planned to extend across one or more side lot
lines so as to serve in common the adjoining lot(s).
d. All landscape requirements of Section 4.06.00 Landscape, Buffering, and
Vegetation Retention of the Land Development Code not in conflict with a,
b, and c shall be applicable.
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e. Landscape buffer plans shall be incorporated in S DP applications for each
individual development site.
(11) Merchandise Storage and Display: Unless specifically authorized by this PUD
documents or an approved Site Development Plan, or of a nature which is permitted
generally, outside storage or display or merchandise is prohibited.
(12) Uses set forth in Section 4.3.1, shall meet the standards of the “Activity Center #9
overlay in the Future Land Use Element of the Growth Management Plan.” Existing
buildings and structures, as shown on an SDP approved before the date of adoption
of this Ordinance, may remain as non-conforming until redevelopment.
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SECTION V
GENERAL DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the standards for the development of the project.
5.2 PUD MASTER PLAN
A. The PUD Master Plan is an illustrative preliminary development plan.
B. The design criteria and layout illustrated in the Master Development Plan shall be
interpreted as preliminary and understood to be flexible so that the final design may
best satisfy the project and comply with all applicable requirements. Minor design
changes shall be permitted subject to Staff approval.
C. All necessary easements, dedication, or other instruments shall be granted to insure
the continued operation and maintenance of all service utilities.
D. Overall site design shall be harmonious in terms of landscaping, enclosure of
structure, locations of all improved facilities and location and treatment of buffer
areas.
5.3 ENGINEERING
A. The developer and all subsequent petitioners are hereby placed on notice that they
shall be required to satisfy the requirements of all County ordinances or codes in
effect prior to or concurrent with any subsequent development order relating to this
site. This includes, but is not limited to, Preliminary Subdivision Plats, Site
Development Plans and any other application that will result in the issuance of a
final or final local development order.
B. The project shall be platted in accordance with the Section 10.02.04 - Requirements
for Preliminary and Final Subdivision Plats to define the right-of-way, tracts, and
water management areas as shown on the master plan.
C. Landscaping shall not be placed within the water management areas unless
specifically approved by project Review Services.
D. Provide a landscape buffer along the entire southern property line in accordance
with Section with Section 3.4 (10) and 4.4 (10) of this PUD.
E. Should the South Florida Water Management District, during its permit review
process, require a natural vegetative buffer be created between the lots and any
jurisdictional wetland Preserve and/or Conservation tract, the buffer shall not be
located within the boundaries of the lot(s) unless otherwise waived by the South
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Florida Water Management District. It shall be created as a separate platted tract or
as a buffer Easement over an expanded limit of the Preserve tracts, which would be
dedicated as Preserve/Drainage tracts, to include the buffer within the Preserve
tract. If the buffer is located within a separate tract, that tract shall be dedicated on
the plat to the project's homeowners association or like entity for ownership and
maintenance responsibilities and if necessary, to Collier County with no
responsibility for maintenance. All Preserve buffer easements or buffer tracts shall
be created in conformance with the provisions of Chapter 704.06, Florida Statutes.
F. Land Development Code, Section 6.06.01 - Street System Requirements Dead end
streets maximum length not to exceed 1,000 feet: Waived to a maximum length of
1,050 feet.
G. Land Development Regulations, Section 6.06.01 - Street System Requirements- All
local streets within commercial subdivision shall be designed according to the
typical section for collector streets contained in the County Standards. Waived
subject to right-of-way and other dimension requirements for the roads to meet
local street standards and the pavements structure to meet collector standards.
H. Land Development Code, Section 6.01.02 - Easements: Utility easements will be
provided as needed with Collier County utility easements (C.U.E.) at a minimum
of fifteen (15) feet.
I. Land Development Code, Section 6.06.02 - Sidewalks, Bike Lane and Pathways
Requirements. Not waived since existing phase already has sidewalks and it will
maintain the continuity for pedestrian's access purposes.
5.4 UTILITIES
A. Water distribution, sewage collection and transmission and interim water and/or
sewage treatment facilities to serve the project are to be designed, constructed,
conveyed, owned and maintained in accordance with Collier County Code of Laws
and Ordinances Chapter 134 Utilities, Section 134-47, Policies and Standards, as
amended, and other applicable County rules and regulations.
B. All customers connecting to the water distribution and sewage collection facilities
to be constructed will be customers of the County and will be billed by the County
in accordance with the County's established rates.
C. The on-site water distribution system to serve the project must be connected to the
existing water main on Tollhouse Drive and/or CR-84 rights-of-way consistent with
the main sizing requirements specified in the County's Water Master Plan and
extended throughout the project. During design of these facilities, dead end mains
shall be eliminated by looping the internal pipeline network.
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D. The utility construction documents for the project's sewerage system shall be
prepared so that all sewage flowing to the County's master pump station is
transmitted by one (1) main on-site pump station. Due to the design and
configuration of the master pump station, flow by gravity into the station will not
be possible. The Developer's Engineer shall meet with the County Staff prior to
commencing preparation of construction drawings, so that all aspects of the
sewerage system design can be coordinated with the County's sewer master plan.
E. The existing off-site water facilities of the District must be evaluated for hydraulic
capacity to serve this project and reinforced as required, if necessary, consistent
with the County's Water Master Plan to insure that the District's water system can
hydraulically provide a sufficient quantity of water to meet the anticipated demands
of the project and the District's existing committed capacity.
F. The existing off-site sewage transmission facilities of the district must be evaluated
for hydraulic capacity to serve this project improved as required outside the project
boundary to provide adequate capacity to transport the additional wastewater
generated without adverse impact to the existing transmission facilities.
5.5 WATER MANAGEMENT AND ENGINEERING
A. Detailed paving, grading, site drainage and utility plans shall be submitted to
Project Review Services for review. No construction permits shall be issued unless
and until approval of the proposed construction in accordance with the submitted
plans is granted by Project Review Services.
B. Work within Collier County right-of-way shall meet the requirements of Collier
County Ordinance No. 03-37, as amended.
C. An Excavation Permit will be required for the proposed lakes(s) in accordance with
Collier County Code of Laws and Ordinances Chapter 22, Article IV, Excavation.
The standards related to depths may be modified in accordance with DEP and
USACE permits.
D. Each building site will be required to provide a minimum ½ inch of dry pre-
treatment on site, unless otherwise waived by South Florida Water Management
District.
5.6 ENVIRONMENTAL
A. All jurisdictional wetlands and mitigation areas on-site shall be designated as
conservation/preserve tracts or easements on all construction pians and shall be
recorded on the plat with protective covenants similar to or as per Chapter 704.06
of the Florida Statutes.
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B. In the case of mitigation off-site any purchase must be within the Conservation and
Recreational Lands (CARL) or the Corkscrew Regional Ecological Watershed
Lands (CREW) or other areas approved for mitigation by the Florida Department
of Environmental Regulation. The ultimate transfer of deed(s) of land(s) to Florida
Department of Natural Resources, Division of State Lands must occur prior to final
construction plan/plat approvals.
C. Control structures on-site shall be constructed in accordance with State and Federal
permits.
5.7 WATER MANAGEMENT
A. Detailed paving, grading, and site drainage plans shall be submitted to Project
Review Services for review. No construction permits shall be issued unless and
until approval of the proposed construction in accordance with the submitted plans
is granted by Project Review Services.
B. Design and construction of all improvements shall be subject to compliance with
the appropriate provisions of the Collier County Subdivision Regulations.
C. An Excavation Permit will be required for the proposed lake(s) in accordance with
Collier County Code of Laws and Ordinances Chapter 22, Article IV, Excavation.
The standards related to depths may be modified in accordance with DEP and
USACE permits.
D. A copy of SFWMD Permit or Early Work Permit is required prior to construction
plan approval.
E. Each building site will be required to provide a minimum ½ inch of dry pre-
treatment on- site, unless otherwise waived by South Florida Water Management
District.
5.8 TRANSPORTATION
A. The final location of major access points along Davis Boulevard shall be
determined during the approval of the Final Subdivision Plat or Site Development
Plan. Such major access points shall provide primary access and internal road
circulation and shall typically include turn land improvements based on projected
traffic conditions. Secondary access points between Davis Boulevard and
individual parcels shall be prohibited unless approved consistent with the Final
Subdivision Plat as may be amended and with the following access control criteria:
1. safety
2. proper geometric design
3. effects on the capacity of Davis Boulevard
4. traffic volumes using the proposed access point
Page 4955 of 5419
Tollgate Commercial Center PUD Words struck through are deleted;
PL20230007874 Words underlined are added
Last Revised: July 5, 2024 Page 30 of 31
5. other roadways providing access to the site
6. the combined effect of access to any and all tracts both within this PUD and
adjacent PUD's
7. spacing of access points
Collier County reserves the right to close any approved secondary access to and
from Davis Boulevard should it at any time be found to create a traffic hazard or to
adversely affect the capacity or level of service of that roadway.
B. The road impact fee shall be as set forth in Collier County Code of Laws and
Ordinances Chapter 74, as amended, and shall be paid at the time building permits
are issued unless otherwise approved by the Board of County Commissioners.
C. Access improvements shall not be subject to impact fee credits and shall be in place
before any certificates of occupancy are issued.
D. All traffic control devices used shall conform with the Manual on Uniform Traffic
Control Devices as required by Chapter 316.0747 Florida Statutes.
E. Prior to issuance of the first certificate of occupancy following conversion of the
hotel unit to a multi-family unit for Parcel 11, a sidewalk will be constructed from
Tollgate Boulevard to the building.
Page 4956 of 5419
Tollgate Commercial Center PUD Words struck through are deleted;
PL20230007874 Words underlined are added
Last Revised: July 5, 2024 Page 31 of 31
SECTION VI
DEVIATIONS
As to Parcel 11 as shown on the Master Plan attached hereto:
DEVIATION #1 seeks relief from LDC Section 4.06.02.A, which requires Type B landscape
buffers to separate residential and commercial development, to allow for 5-foot Type A buffers on
the north, south and west side of Parcel 11 and for a 15-foot Type B buffer on the east side of
Parcel 11 to be located outside of the FPL easement in the median area on the east side of the
building in Parcel 11.
This deviation applies to the reuse of the existing building on Parcel 11 only and does not apply if
the existing building on Parcel 11 is demolished or if the existing adjacent parking lot is
redeveloped with a new use.
DEVIATION #2 seeks relief from LDC section 4.05.04 G, which requires 1 parking space per
multi-family dwelling unit plus 0.5 spaces per each efficiency unit as well as additional parking
for recreational facilities and other common uses identified in LDC section 4.05.04 G Table 17, to
allow for a total of 165 parking spaces to satisfy the parking requirement within Parcel 11. This
deviation does not apply if the existing building on Parcel 11 is demolished.
Page 4957 of 5419
Tollgate Commercial Center CPUD
PUD Amendment
REVISED MASTER PLAN
Page 4958 of 5419
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EXHIBIT B Parcel 11 will provide a maximum of 110 multi-family residential dwelling units1Deviation ##Page 4959 of 5419
Tollgate Commercial Center CPUD
PUD Amendment
SCHEDULE OF DEVIATIONS &
JUSTIFICATIONS
Page 4960 of 5419
Page 1
TOLLGATE HOUSING PUDA
Schedule of Deviations and Justifications
DEVIATION #1 seeks relief from LDC Section 4.06.02.A, which requires 15-foot Type B
landscape buffers to separate residential and commercial development, to allow for 5-foot
Type “A” buffers on the north, south and west side of Parcel 11; AND for a 15-foot Type “B”
buffer on the east side of Parcel 11 to be located outside of the FPL easement in the median
area on the east side of the building in Parcel 11.
This deviation applies to the reuse of the existing building on Parcel 11 only and does not
apply if the existing building on Parcel 11 is demolished or if the existing adjacent parking lot
is redeveloped with a new use.
JUSTIFICATION: The Applicant is requesting this buffer deviation applicable to Parcel 11 for
the reuse of the hotel for affordable multifamily dwellings. The subject property is currently
developed as a Super 8 Motel and 5-foot Type A buffers were required for commercial uses
in the PUD. This deviation proposes to maintain the buffer standards that were in place for
the north, south and east property boundaries when the motel was developed, and which
now include mature vegetation.
Additionally, the easternmost portion of the property is encumbered by an FPL easement and
mature vegetation exists within the median area on the east side of the building. The deviation
would also require additional planting in this area to satisfy the requirements for a 15-foot
Type B buffer.
Adjacent properties to the south and east of the property include low intensity storage and
parking uses. This deviation reflects the fact that the parcel will not change and differs from
traditional multi-family housing which includes yards, common green space, or lanais and
balconies which interface directly with external surrounding uses with higher levels of
commercial traffic. Approval of the deviation provides significant cost savings to delivering
bonafide affordable housing to the market.
LDC section 4.06.02.A notes that existing landscaping shall be brought into conformity to the
maximum extent possible when the vehicular use areas is altered or expanded, the building
square footage is changed, or a use is discontinued for one year. The tr ansition of the
property to allow for multi-family uses will not require alteration or expansion of the vehicular
use area, or any change to the building square footage, and there has not been a
discontinuance of use. In addition to maintaining the intent of the Landscape Code, this
deviation maximizes the use and benefit of existing mature landscaping on site and facilitates
the rapid conversion of units to permanent multifamily dwelling units.
For these reasons, the requested deviation will not have a detrimental effect on the public
health, safety or welfare.
Page 4961 of 5419
Schedule of Deviations and Justifications
Tollgate Housing PUDA
Page 2 of 2
DEVIATION #2 seeks relief from LDC section 4.05.04 G, which requires 1 parking space per
multi-family dwelling unit plus 0.5 spaces per each efficiency unit as well as additional
parking for recreational facilities and other common uses identified in LDC section 4.05.04 G
Table 17, to allow for a total of 165 parking spaces to satisfy the parking requirement within
Parcel 11. This deviation does not apply if the existing building on Parcel 11 is demolished.
JUSTIFICATION: The Applicant is requesting this parking deviation for the reuse of the
existing building on Parcel 11. The current hotel use will transition to a multi-family building
with limited site work. This deviation will allow for the existing parking spaces to continue to
serve the residents on the property.
All recreation facilities serving the residents are integrated with the development and not
intended to serve the general public. Additionally, all residences are within 300 feet of the
recreation facilities and located in the same building. As a result, no additional parking spaces
will be needed for residents to utilize the recreation facilities.
This deviation is only proposed to apply to the reuse of the existing building. If the existing
building is demolished for redevelopment of the site, the parking space requirements in effect
at that time would apply.
For these reasons, the requested deviation will not have a detrimental effect on the public
health, safety or welfare.
15-Foot Type B Buffer 5-Foot Type A Buffer 5-Foot Type A Buffer 5-Foot Type A Buffer
FPL Easement
Page 4962 of 5419
Tollgate Commercial Center CPUD
PUD Amendment
EVALUATION CRITERIA
Page 4963 of 5419
Page 1
TOLLGATE HOUSING PUDA
Evaluation Criteria
LDC section 10.02.13 B.5 requires the Planning Commission hearing and recommendation to be
based on the following criteria:
a. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
The subject property is located within the Tollgate Commercial Center PUD, established by
Ordinance 92-10 and which has been amended several times by Ordinances 93-91, 2015-49,
and 2017-15. The Property is located in an area of existing and planned urban development
within the County’s Urban-designated area and within the Interchange Activity Center future land
use category.
Section C.2 of the Future Land Use Element anticipates a mix of uses within Interchange Activity
Centers, stating, “mixed-use developments‒whether consisting of residential units located above
commercial uses, in an attached building, or in a freestanding building‒are allowed and
encouraged within Interchange Activity Centers.”
The subject property is located in an urbanized portion of the County as evidenced by the
property’s proximity to Collier Boulevard, a six-lane arterial roadway. The Property is also
proximate to existing and approved urban levels of development, as well as major public facilities
including schools, hospitals, and libraries.
The Tollgate Commercial Center PUD is located south of Interstate 75, east of Collier Blvd. and
north of Beck Blvd. To the north of the subject property is the Interstate 75, a parking lot to the
east, self-storage to the south and a hotel to the west. The subject property will be accessed by
Tollgate Blvd. via Beck Blvd. and Collier Blvd., a County Maintained arterial road.
The surrounding PUD approvals demonstrate the appropriateness of this request to provide an
infill housing project in an area proximate to employment uses and existing and planned
development at similar densities.
The Property is located within the Collier County Water-Sewer District’s (CCWSD) service area
and water and wastewater service are readily available via existing facilities. A utility statement
of availability is enclosed as part of this application.
Based upon the nature of the surrounding uses, the established development pattern along
Collier Blvd., and the existing levels of public infrastructure available, the Property is suitable for
the development of a residential community as proposed by this application.
b. Adequacy of evidence of unified control and suitability of agreements, contract, or other
instruments, or for amendments in those proposed, particularly as they may relate to
arrangements or provisions to be made for the continuing operation and maintenance of
such areas and facilities that are not to be provided or maintained at public expense.
Findings and recommendations of this type shall be made only after consultation with the
County Attorney.
Page 4964 of 5419
Evaluation Criteria
Tollgate Commercial Center PUDA
Page 2 of 5
The subject property is under unified control by K2 Housing Naples LLC, Inc, who has filed this
application, as demonstrated by the Covenant of Unified Control included in the PUDA
application.
c. Conformity of the proposed PUD with the goals, objectives, policies, and the Future Land
Use Element of the Growth Management Plan.
The proposed changes maintain the project’s consistency with the Collier County Growth
Management Plan. More specifically, the following policies in the Future Land Use Element
(FLUE)
FLUE Policy 5.5: “Discourage unacceptable levels of urban sprawl in order to minimize the cost
of community facilities by: confining urban intensity development to areas designated as Urban
on the Future Land Use Map; requiring that any additions to the Urban Designated Areas be
contiguous to an existing Urban Area boundary; and, encouraging the use of creative land use
planning techniques and innovative approaches to development in the County’s
Agricultural/Rural designated area, which will better serve to protect environmentally sensitive
areas, maintain the economic viability of agriculture and other predominantly rural land uses, and
provide for cost efficient delivery of public facilities and services.”
The proposed development will reuse an existing building within the urban area rather than
relocating to undeveloped, non-urban areas of the Future Land Use Map. As a reuse project,
the request establishes a creative land use planning technique and an innovative approach
to development that will increase the diversity of housing types in Collier County. Although
the request does not create an innovative approach to development within the
Agricultural/Rural designated area, the reuse of existing urban areas in new and creative also
has the effect of reducing development pressures in more rural areas of the County, thereby
supporting this policy.
FLUE Policy 5.6: “New developments shall be compatible with, and complementary to, the
surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted
June 22, 2004, and effective October 18, 2004, as amended).”
The proposed change maintains compatibility with the surrounding land uses by reusing a
building previously used for temporary lodging. Transitioning the property from a hotel to
multifamily dwellings will reduce traffic impacts associated with the PUD. The proposed
change is complementary to surrounding land uses as it provides affordable workforce
housing in proximity to goods, services, and employment areas.
FLUE Policy 5.7: “Encourage the use of land presently designated for urban intensity uses before
designating other areas for urban intensity uses. This shall occur by planning for the expansion
of County owned and operated public facilities and services to existing lands designated for
urban intensity uses, the Rural Settlement District (formerly known as North Golden Gate), and
the Rural Fringe Mixed Use District, before servicing new areas.”
The request supports this policy by reusing existing urban areas rather than locating the
development in undeveloped areas. The Tollgate Commercial Center PUD is currently
served by existing public facilities and services and the request does not require extension
of urban services to new areas.
Page 4965 of 5419
Evaluation Criteria
Tollgate Commercial Center PUDA
Page 3 of 5
FLUE Policy 7.1: “The County shall encourage developers and property owners to connect their
properties to fronting collector and arterial roads, except where no such connection can be made
without violating intersection spacing requirements of the Land Development Code.”
The Tollgate Commercial Center PUD/DRI includes established connection points to Beck
Blvd. and the proposed change will maintain those connections. The subject property will be
accessed by Beck Blvd. via Tollgate Blvd. and there are no additional connections proposed.
FLUE Policy 7.2: “The County shall encourage internal accesses or loop roads in an effort to help
reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic
signals.”
The Tollgate Commercial Center PUD/DRI includes several public roads throughout and
adjacent to the development which provide access to other areas of the PUD. This application
does not propose any change to the road layout.
FLUE Policy 7.4: “The County shall encourage new developments to provide walkable
communities with a blend of densities, common open spaces, civic facilities and a range of
housing prices and types.”
This application is consistent with this policy as it does not include any changes to the
previously approved uses, intensity, or open space. Existing sidewalk facilities within the
Tollgate Commercial Center PUD provide for walkability and connect to nearby commercial
areas along Tollgate Blvd., Beck Blvd., and at various locations throughout the PUD.
FLUE Policy 7.5: “The County shall encourage mixed-use development within the same buildings
by allowing residential dwelling units over and/or abutting commercial development. This Policy
shall be implemented through provisions in specific Subdistricts in this Growth Management
Plan.”
The request supports this policy to encourage mixed-use development through the addition
of residential uses abutting commercial development. The companion GMP amendment
proposes to amend the Activity Center #9 subdistrict to establish a maximum residential
density on this parcel.
CCME Objective 6.1: “Protect native vegetative communities through the application of minimum
preservation requirements. (The Policies under this Objective apply to all of Collier County except
for that portion of the County which is identified on the Countywide Future Land Use Map (FLUM)
as the Rural Lands Stewardship Area Overlay.)”
This application is limited to the reuse of an existing, developed, hotel site. No changes are
proposed to previously approved preservation requirements. Established preserves within
the PUD are demonstrated on the Master Concept Plan.
CCME Objective 7.1: “Direct incompatible land uses away from listed animal species and their
habitats. (The County relies on the listing process of State and Federal agencies to identify
species that require special protection because of their endangered, threatened, or species of
special concern status. Listed animal species are those species that the Florida Fish and Wildlife
Conservation Commission has designated as endangered, threatened, or species of special
concern, in accordance with Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C. and those
Page 4966 of 5419
Evaluation Criteria
Tollgate Commercial Center PUDA
Page 4 of 5
species designated by various federal agencies as Endangered and Threatened species
published in 50 CFR 17.)”
This application is consistent with this policy as it is not located within, nor propose impacts
to listed animal species and their habitats. The existing building and paved areas are not
proposed to be changed, and this application only facilitates the reuse of the property for
multifamily dwellings.
Housing Element Goal 1: TO CREATE AN ADEQUATE SUPPLY OF DECENT, SAFE,
SANITARY, AND AFFORDABLE HOUSING FOR ALL RESIDENTS OF COLLIER COUNTY.
This application is consistent with this goal as it provides 110 new decent, safe, sanitary and
reasonably priced housing units to be rented to employers and employees for local
businesses to attract and retain employees. As an adaptive reuse project, the application
provides the additional benefit of locating these new units in close proximity to employment
uses. Additionally, the proposed GMP amendment and Rezone include commitments to
provide affordable housing through income and rent limits.
d. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and
screening requirements.
The PUD is located in Activity Center #9 which is anticipated to include a mix of uses, densities
and intensities. The amendment limits proposed changes to Parcel 11, which is currently
developed as a hotel. Transitioning Parcel 11 from a hotel to residential use improves
compatibility with external uses through the reduction of intensity and traffic impacts.
e. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The PUDA does not propose any changes to the open space requirements of the PUD. Open
space within the PUD is currently provided through 17.84 acres (17.8% of the gross PUD
acreage) of Preserve and water management areas. Other useable open space is provided in
the development areas within required yards, landscaped areas, and recreation areas throughout
the PUD. The combination of Preserves and open space within the development area exceeds
the requirement for 30 percent of the gross acreage of the PUD in LDC section 4.07.02.G.2.
f. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
As outlined in the enclosed application, all required public infrastructure is available and
adequate to service the proposed PUD.
g. The ability of the subject property and of surrounding areas to accommodate expansion.
This PUDA application does not propose expansion to areas outside the existing PUD boundary.
There are also no proposed increases in vehicular trips or increases in development intensity.
All changes proposed in this application are limited to Parcel 11 within the Tollgate Commercial
Center PUD.
Page 4967 of 5419
Evaluation Criteria
Tollgate Commercial Center PUDA
Page 5 of 5
h. Conformity with PUD regulations, or as to desirable modifications of such regulations in
the particular case, based on determination that such modifications are justified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations.
The proposed development is generally consistent with the PUD regulations contained in the
LDC. The Applicant is requesting one deviation from the LDC in order to support the reuse
development project. The reuse of the property will uphold the intent of the PUD regulations and
ensure design consistency, internal connectivity, and integration of dwelling types, appropriate
vehicular circulation, and the protection of public health, safety and welfare.
Page 4968 of 5419
Tollgate Commercial Center CPUD
PUD Amendment
AERIAL MAP & SURROUNDING USES
Page 4969 of 5419
Page 4970 of 5419
Page 4971 of 5419
Tollgate Commercial Center CPUD
PUD Amendment
ZONING AND FUTURE LAND USE MAPS
Page 4972 of 5419
Page 4973 of 5419
Page 4974 of 5419
Tollgate Commercial Center CPUD
PUD Amendment
ZONING VERIFICATION LETTER
Page 4975 of 5419
Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 ● www.colliercountyfl.gov
Zoning Services Section
July 5, 2022
Richard D. Yovanovich, Esq.
Coleman, Yovanovich & Koester, P.A.
4001 Tamiami Trail North #300
Naples, FL 34103
ZLTR-PL20220004225; Zoning Verification Letter for 3880 Tollgate Blvd. AKA Tollgate Commercial
Center Phase I, Parcel 2 and W15ft of the W1/2 of Parcel 1 Bounded by the Prolongation of NLY and SLY
Lines of Parcel 2 in Section 35, Township 49, Range 26 of unincorporated Collier County, Florida. Property
ID/Folio Number: 76885005005.
Mr. Yovanovich,
This letter is in response to a Zoning Verification Letter (ZLTR) Application that you submitted on or about
June 9, 2022. The applicant’s questions are listed below in bold, followed by staff’s response. A response
to a follow up question, submitted after the applicant’s initial submission (see attached email from Ray
Bellows on 7/01/2022) is included.
Zoning:
The current official zoning atlas, an element of the Collier County Land Development Code (LDC),
Ordinance 04-41, as amended, reveals the subject property is located within the Tollgate Commercial
Center Planned Unit Development (PUD).
1. Are long term leases for hotel rooms permitted in Collier County? If no, does it matter if the long-
term lease is with a business, and the subtenant lease for the person living in the room is short term?
There is no LDC restriction regarding the maximum stay permitted at hotel rooms; the applicable zoning
therefore allows long term leases for hotel rooms.
2. What is the maximum length of stay for a single hotel guest within the PUD zoning district?
Tollgate Commercial Center PUD does not regulate a minimum or maximum length of stay for hotel guests.
3. Can our client charge guests a daily rate, or do they have to charge them a monthly rate?
Hotel rates are not regulated by the Tollgate Commercial Center PUD or LDC. However, the LDC
definition for hotel (see attached) does allow for the operator to charge their guests on a daily basis.
4. What constitutes a guest staying for less than the maximum allowed period? That is, how is the
end period and turnover of the unit defined?
Tollgate Commercial Center PUD does not regulate a minimum or maximum length of stay for hotel guests.
It also doesn’t regulate the turnover of the motel unit.
5. Given that my client will have long term master leases (over 1 year) with local employers to house
their essential workers from nurses to housekeepers to potentially teachers and other public servants,
do they need to continue paying hotel bed and lodging taxes?
The LDC does not regulate the taxing of specific uses. For more information about the Collier County
Tourist Development Tax, please contact TouristTax@colliertax.com or call 239-252-8829.
Page 4976 of 5419
Zoning Verification Letter
ZLTR-PL20220004225
Page 2 of 2
Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 ● www.colliercountyfl.gov
6. If yes, do they need to continue paying hotel bed and lodging taxes after the first 6 months of a
long-term lease?
See answer to question 5.
7. Does my client need to pay the taxes if they have a one year lease with a tenant or subtenant, but
offer a sixty (60) day opt-out period that can be exercised no earlier than seven (7) months after
executing the lease?
See answer to question 5.
8. Can my client install kitchenettes and fire sprinklers under the current PUD zoning district?
Kitchenettes and fire sprinklers are allowable accessory uses under permitted use (h) in the PUD Ord. 92 -
10, “Motels; hotels and other transient lodging facilities”. Please contact Jonathan Walsh concerning the
Building Code requirements for converting an existing transient lodging facility into residential dwelling
units.
9. The applicant is requesting conformation that the residential density applies to the entire PUD
boundary but excludes the Industrial zoned tracts. They also want confirmation of the maximum
density for a commercial/residential mixed-use tract proposed for the Tollgate PUD.
Tollgate Commercial Center PUD is located within Interchange Activity Center #9. Per the Future Land
Use Element (FLUE) of the Growth Management Plan (GMP), mixed-use developments within the
Interchange Activity Center Subdistrict are intended to consist of residential and commercial projects. If
there is a conversion of existing commercial use to residential, the density for the resulting mixed-use
project is therefore calculated based on only the gross commercial acreage within the PUD and excludes
any industrial acreage. The eligible density for Activity Center #9 is sixteen dwelling units/acre.
The information presented in this verification letter is based on the Collier County LDC and/or Growth
Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these
documents could affect the validity of this verification letter. It is also possible that development of the
subject property could be affected by other issues not addressed in this letter, such as, but not limited to,
concurrency related to the provision of adequate public facilities, environmental impact, and other
requirements of the Collier County LDC or related ordinances.
This letter represents a determination of Zoning Services Section staff. Should you disagree with this
determination, you may request an Official Interpretation by the Zoning Director of the provisions of the
Land Development Code pursuant to Sections 1.06.01.A and 10.02.02.F.1 of that Code. The fee for an
Official Interpretation is identified in the most recent GMD Fee Schedule Resolution as approv ed by the
Board of County Commissioners. To obtain copies of any document referenced herein, please contact
GMD Records Section at (239) 252-5730 or at GMDRecordsRoom@colliercountyfl.gov. The LDC may
be viewed online at www.municode.com / Municode Library / Florida / Collier County. Validated
Ordinances may be viewed online via the Clerk of Court’s website, www.collierclerk.com / Records Search
/ BMR Records / Boards, Minutes, Records / BMR Validated Ordinances.
Disclaimer: Issuance of a development permit by the County does not create any rights on the part of the
applicant to obtain a permit from a state or federal agency and does not create any liability on the part of
the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the
obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or
federal law. All other applicable state or federal permits must be obtained before commencement of the
development.
Page 4977 of 5419
Zoning Verification Letter
ZLTR-PL20220004225
Page 2 of 2
Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 ● www.colliercountyfl.gov
Should you require additional information, please do not hesitate to call my office at (239) 252-1442.
Researched and prepared by: Reviewed by:
__________________________________ ___________________________________
Rachel Hansen, Principal Planner Raymond Bellows, Zoning Manager
Comprehensive Planning Section Zoning Services Section
Page 4978 of 5419
$ 0
$ 3,200,000
$ 3,080,000
$ 0
$ 1,000,000
$ 1,778,749
$ 2,237,685
$ 4,016,434
$ 4,016,434
$ 4,016,434
$ 4,016,434
Collier County Proper ty AppraiserProperty Summar y
Parcel No 76885005005 SiteAddress*Disclaimer
3880TOLLGATEBLVD Site City NAPLES Site Zone*Note 34114
Name / Address LAXMI OF NAPLES LLC
3880 TOLLGATE BLVD
City NAPLES State FL Zip 34114-5444
Map No.Strap No.Section Township Range Acres *Estimated
4B35 664000PH 1 24B35 35 49 26 4.33
Legal TOLLGATE COMMERCIAL CENTER PHASE I, PARCEL 2 AND W15FT OF THE W1/2OF PARCEL 1 BOUNDED BY THE PROLONGATION OF NLY AND SLY LINES OFPARCEL 2
Millage Area 31 Millage Rates *Calculations
Sub./Condo 664000 - TOLLGATE COMMERCIAL CTR PH 1 School Other Total
Use Code 39 - HOTELS, MOTELS 4.889 6.7155 11.6045
Latest Sales Histor y
(Not all Sales are listed due to Confidentiality)
Date Book-Page Amount
07/16/15 5180-2026
10/02/08 4397-3297
07/03/00 2693-2184
08/02/89 1466-503
08/01/89 1462-338
2021 Certified Tax Roll
(Subject to Change)
Land Value
(+) Improved Value
(=) Market Value
(=) Assessed Value
(=) School Taxable Value
(=) Taxable Value
If all Values shown above equal 0 this parcel was created after theFinal Tax Roll
Page 4979 of 5419
Collier County Proper ty AppraiserProperty Aerial
Parcel No 76885005005 SiteAddress*Disclaimer
3880TOLLGATEBLVD Site City NAPLES Site Zone*Note 34114
Open GIS in a New Window with More Features.
Page 4980 of 5419
I - 75 R/W
COLLIER BOULEVARD (C.R. 951)100' R/W CANALBECK BOULEVARD
PUD
2
16,18,19,20,21,22,23,24
(PU-2)
1
1
12
2
9
2
TOLLHOUSE DR.TOLLGATE BLVD.1
2
3
4
5
6 7 8 9 10
11
1213
14
PH. 2
PH. 1
WHITE LAKE BOULEVARD
CU 11
PUD 12,21,25
WHITE LAKE INDUSTRIAL PARK
V 13 35
35
23.20 AC.PARCEL 35A
560 140640
1220760 9001000NON-ST
ST
ST
NON-ST
TRACT
15
TRACT TRACT TRACT
TRACT
TRACT
TRACT
TRACT
TRACT
TRACT
21 22 23
24
25
26
27
28
29
TRACT
TRACT
TRACT TRACT
TRACT
TRACT
TRACT
TRACT TRACT
TRACT
TRACT
30
31
32 33
34
35 36
37 38
39
D
3
3 3
3
HEFLIN DRMANNIX DRTOLLHOUSE DRTOLLGATE COMMERCIAL CENTER
8A
1
2345
6
7
DTRACT
1A
1
TRACTD
SHAW BOULEVARD
TRACTB
5
5
5
5
5
10
11
9 8 7 6 5
12
13
4 3 2
1
14
15
16
17
18
19
20
21
TRACT A TRACT BPLOVER AVENUE SHEARWATER STREET6 6
6
6
6
6
5
29
28
27
30
32
26
31
33
25
PLOVER AVENUE
24
34
23
22
35
36
37
38
TRACT B
7
7
7
7
5
7
7
DRI INCOME47
43
44
LANE46
45
8
8
88
ST/W-4 17
TRACTB
TRACTD
TRACTD
TRACTD
3,4,5,6,7,9,10,14,15,
4
4
4
4
1 1 1
2
9 9
3
9
9 9
9
3
3
3
I 26
2
3
3
TRACT A
LAST REVISION: ZONING ___________________ OTHER ___________________SUBDIVISON INDEX
ATTEST___________________________CLERK
COLLIER COUNTY, FLORIDA
TWP 49S RNG 26E SEC(S) 35 SO 1/2
MAP NUMBER:
BY___________________________CHAIRMAN
COMMUNITY DEVELOPMENT DIVISION$
INDICATES SPECIAL TREATMENT OVERLAY
9635S
0602N9634S 9636S9635N
The Historic/Archaeological Probability Maps are the officialCounty source designating historic or archaeologic resources.NO. NAME P.B. Pg.
1 TOLLGATE COMMERCIAL CENTER PHASE 1 16 12 TOLLGATE COMMERCIAL CENTER PHASE 2 18 23-243 TOLLGATE COMMERCIAL CENTER PHASE 3 22 95-1004 WHITE LAKE PHASE 1 23 855 WHITE LAKE CORPORATE PARK 31 26-286 WHITE LAKE CORPORATE PARK PHASE THREE 34 45-467 WHITE LAKE CORPORATE PARK PHASE TWO 40 12-148 WHITE LAKE CORPORATE PARK PHASE FOUR 42 42-439 TOLLGATE COMMERCIAL CENTER REPLAT 68 67-6810
ZONING NOTES1 DELETED2 1-12-82 PU-81-20-C 82-73 1-17-84 R-83-18C 84-64 6-12-90 PDA-90-1 90-545 6-12-90 DOA-90-1 90-546 1-17-84 DRI-83-2C 84-67 12-11-90 PDA-90-5 90-28 LDC-919 2-11-92 PUD-83-18(3) 92-1010 2-11-92 DOA-91-2 92-10011 8-11-92 CU-92-8 92-5612 1-5-93 PUD-92-8 93-113 9-28-93 C-93-19 93-42514 12-14-93 PUD-93-18(4) 93-9115 2-11-97 DOA-96-5 97-7516 12-2-03 DOA-03-AR-3911 03-42817 9-25-12 LDC ORD. 12-3818 10-28-14 DOA-PL-14-561 14-22919 2-11-97 DOA-97-2 97-7420 4-7-92 DOA-92-4 92-22221 1-9-02 LDC ORD. 02-0322 9-22-15 PUDA-PL-15-281 15-4923 9-22-15 DOA-PL-15-545 15-19324 5-9-17 PUDA-PL-15-2280 17-1525 9-25-18 PUDA-PL-17-4428 18-4526 9-22-20 RZ-PL-19-2018 20-26THIS IS TO CERTIFY THAT THIS IS A PAGE OF THE
OFFICIAL ZONING ATLAS REFERRED TO AND ADOPTED
BY REFERENCE BY ORDINANCE NO. 04-41 OF THE
COUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004,
AS AMENDED BY THE ZONING NOTES AND SUBDIVISION
INDEX REFERENCED HEREON.
NO. NAME P.B. Pg.
11121314151617181920
INDICATES ACTIVITY CENTER #9 OVERLAY BOUNDARY
0 400
SCALE
DEVELOPMENT STANDARDS MODIFICATIONS1 4-2-19 ZVL(CUD)-PL-18-209 HEX 19-162 1-27-21 CUD-PL-20-1534 HEX 21-063 11-11-21 CUD-PL-21-661 HEX 21-5012/6/2021Page 4981 of 5419
• Hotel (also motel): A building or group of buildings offering transient lodging
accommodations normally on a daily rate to the general public , with or without
accessory uses, such as restaurants, meeting rooms, or recreational facilities.
Hotel shall mean a facility offering transient lodging accommodations normally on a
daily rate to the general public and typically providing accessory uses, such as:
restaurants, meeting rooms and recreational facilities. Hotels are different than
motels in that each room does not have a separate entry directly from the outside of
the building but rather entry is gained through the interior of the building through a
lobby. For the purposes of calculating water and sewer impact fees, a hotel and resort
hotel are considered to be non -residential uses.
• Destination resort hotel: A transient lodging facility (i.e. - less than six months
occupancy) where patrons generally stay for several days in order to u tilize, enjoy, or
otherwise participate in certain amenities, natural or man -made, including but not
limited to: (i) direct access to the Gulf of Mexico, (ii) on -site golf course and golf-related
facilities, (iii) health spa and/or fitness center, (iv) oth er recreational amenities and on -
site services, including full dining services and cocktail lounge, entertainment rooms
for video and movies, and concierge services. Except that, for destination resort hotels
fronting on the Gulf of Mexico, an on -site golf course is not required. In all cases, a
destination resort hotel must include full dining services and a cocktail lounge, and not
less than 25 percent of the gross floor area must be devoted to common usage and
support service areas, such as but not limit ed to fitness room, health spa, media room,
meeting rooms, dining and lounge facilities, and spaces in support of hotel functions.
• Short-Term Vacation Rental. A "Short-Term Vacation Rental" means the rental of any
habitable space, including a room, apartment, living quarters, in any residential
building, including but not limited to, condominiums, single -family or multi-family
homes, for a term of six months or less, as provided in F.S. § 125 .0104(3)(a), as amended,
unless such person rents, leases, or lets for consideration any living quarters or
accommodations which are exempt according to the provisions of F.S. ch. 212. Any
Owner who is not required to register with the Florida Department o f Business and
Professional Regulation, as defined by F.S. ch. 509, is exempt from this ordinance.
• Dwelling (also called dwelling unit): Any building, or part thereof, constituting a
separate, independent housekeeping establishment for no more than 1 fami ly, and
physically separated from any other rooms or housekeeping establishments which
may be in the same structure. A dwelling unit contains sleeping facilities, sanitary
facilities, and a kitchen.
• Dwelling, multi-family: A group of 3 or more dwelling units within a single building.
Page 4982 of 5419
Future Land Use Element as of Ordinance No. 2021-36, adopted October 26, 2021
66
uses: personal indoor self-storage facilities – this use shall occupy no greater than 50%
of the total (185,000) building square feet; offices for various contractor/builder
construction trade specialists inclusive of the offices of related professional disciplines and
services that typically serve those construction businesses or otherwise assist in
facilitating elements of a building and related infrastructure, including but not limited to
architects, engineers, land surveyors and attorneys – these offices of related professional
disciplines and services shall occupy no greater than 50% of the total (185,000) building
square feet; warehouse space for various contractor/builder construction trades
occupants; mortgage and land title companies; related businesses including but not limited
to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden
supply stores – all as accessory uses only, accessory to offices for various
contractor/builder construction trade specialists or accessory to warehouse space for
various contractor/builder construction trades occupants; management associations of
various types of buildings or provision of services to buildings/properties; and, fitness
centers.
(XXX) The maximum amount of commercial uses allowed at Activity Center #14 (Goodlette-
Frank Road and Golden Gate Parkway) is 45 acres; the balance of the land uses shall be
limited to non-commercial uses as allowed in Mixed Use Activity Centers.
(XV) 3. The location and configuration of all land uses within a Master Planned Activity Center
shall be compatible with and related to existing site features, surrounding development,
and existing natural and manmade constraints. Commercial uses shall be oriented so
as to provide coordinated and functional transportation access to major roadways
serving the Activity Center, and functionally related or integrated with surrounding land
uses and the planned transportation network.
(XV) 4. Adjacent properties within the Activity Center that are not under the unified control of the
applicant shall be considered and appropriately incorporated (i.e. pedestrian, bicycle and
vehicular interconnections) into the applicant’s Master Plan.
(XLIV) New Mixed Use Activity Centers may be proposed if all of the following criteria are met and an
amendment is made to delineate the specific boundaries on the Future Land Use Map series for
Mixed Use Activity Centers:
• the intersection around which the Mixed Use Activity Center is located consists of an arterial
and collector road, or two arterial roads, based upon roadway classifications contained in
the Transportation Element.
• the Mixed Use Activity Center is no closer than two (2) miles from any existing Mixed Use
Activity Center, as measured from the center point of the intersections around which the
existing and proposed Mixed Use Activity Centers are located.
• market justification is provided demonstrating the need for a Mixed Use Activity Center at
the proposed location.
2. Interchange Activity Center Subdistrict:
(XV) Interchange Activity Centers have been designated on the Future Land Use Map at three of the
County’s four Interstate 75 interchanges and include numbers 4, 9 and 10; there is no Activity
Center at the new I-75/Golden Gate Parkway interchange. The boundaries of these Interchange
Activity Centers have been specifically defined on the maps located at the end of this Section as
part of the Future Land Use Map Series. Any changes to the boundaries of these Interchange
Activity Centers shall require an amendment to the Future Land Use Map Series.
(XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017
Page 4983 of 5419
Future Land Use Element as of Ordinance No. 2021-36, adopted October 26, 2021
67
Interchange Activity Centers #4 (I-75 at Immokalee Road) and #10 (I-75 at Pine Ridge Road)
allow for the same mixture of land uses as allowed in the Mixed Use Activity Centers; additionally,
industrial uses, as identified below, are allowed in the southwest and southeast quadrants of
Interchange Activity Center #4. No industrial uses shall be allowed in Interchange Activity Center
#10. The actual mix of uses shall be determined during the rezoning process based on
consideration of the same factors listed under the Mixed Use Activity Center Subdistrict.
Interchange Activity Center #9 (I-75 at Collier Boulevard) is subject to an Interchange Master Plan
(IMP), which was adopted by Resolution by the Board of County Commissioners, and to the
implementing provisions adopted into the Land Development Code.
(LXI) All new projects within Activity Center #9 are encouraged to have a unified plan of development
in the form of a Planned Unit Development. However, the 3.7-acre property formerly utilized by
the Florida Highway Patrol Headquarters located east of the Tollgate PUD/DRI may be split into
2 parcels and one of the parcels being 3.4 acres will be permitted to utilize conventional zoning.
[This portion of Activity Center #9 is depicted on a FLUM Series Inset Map.] The mixture of uses
allowed in Interchange Activity Center #9 shall include all land uses allowed in the Mixed Use
Activity Centers; additionally, industrial uses shall be allowed in the northeast and southeast
quadrants of I-75 and Collier Boulevard, and in the southwest quadrant of Collier and Davis
Boulevards. The above allowed uses notwithstanding, commercial zoning shall not exceed 55%
of the total acreage (635.9 ac.) of Interchange Activity Center #9. The actual mix of uses shall be
determined during the rezoning process based on consideration of the same factors listed under
the Mixed Use Activity Center Subdistrict, and based on the adopted IMP.
For residential-only development, if a project is located within the boundaries of an Interchange
Activity Center which is not within the Urban Residential Fringe Subdistrict, up to 16 residential
units per gross acre may be allowed. If such a project is located within the boundaries of an
Interchange Activity Center which is within the Urban Residential Fringe Subdistrict, eligible
density shall be as allowed by that Subdistrict. For a residential-only project located partially
within and partially outside of an Activity Center, the density accumulated from the Activity Center
portion of the project may be distributed throughout the project.
(XV) Mixed-use developments ‒ whether consisting of residential units located above commercial
uses, in an attached building, or in a freestanding building - are allowed and encouraged within
Interchange Activity Centers. Such mixed-use projects are intended to be developed at a human-
scale, pedestrian-oriented, and interconnected with adjacent projects – whether commercial or
residential. Street, pedestrian pathway and bike lane interconnections with adjacent properties,
where possible and practicable, are encouraged. Density for such a project is calculated based
upon the gross project acreage within the Activity Center. If such a project is located within the
boundaries of an Interchange Activity Center which is not within the Urban Residential Fringe
Subdistrict, the eligible density is sixteen dwelling units per acre. If such a project is located within
the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe
Subdistrict, eligible density shall be as allowed by that Subdistrict. For a project located partially
within and partially outside of an Activity Center, and the portion within an Activity Center is
developed as mixed use, the density accumulated from the Activity Center portion of the project
shall not be distributed outside of the Activity Center.
Based on the unique location and function of Interchange Activity Centers, some Industrial land
uses ‒ those that serve regional markets and derive specific benefit when located in the
Interchange Activity Centers ‒ shall be allowed in the Activity Center quadrants previously
identified. These uses shall be limited to: manufacturing, warehousing, storage, and distribution.
During the rezone process, each such use shall be reviewed to determine if it will be compatible
with existing and approved land uses.
(LXI) = Plan Amendment by Ordinance No. 2020-25 on September 22, 2020
Page 4984 of 5419
Future Land Use Element as of Ordinance No. 2021-36, adopted October 26, 2021
68
The following conditions shall be required to ensure compatibility of Industrial land uses with other
land uses allowed in the Interchange Activity Centers; to maintain the appearance of these
Interchange Activity Centers as gateways to the community; and to mitigate any adverse impacts
caused by noise, glare or fumes to the adjacent property owners. The Planned Unit Development
and/or rezoning ordinance shall contain specific language regarding the permitted Industrial land
uses, compatibility requirements, and development standards consistent with the following
conditions. Site-specific development details will be reviewed during the Site Development Plan
review process.
a. Landscaping, buffering and/or berming shall be installed along the Interstate;
b. Fencing shall be wooden or masonry;
c. Wholesale and storage uses shall not be permitted immediately adjacent to the right-of-
way of the Interstate;
d. Central water and sewage systems shall be required;
(XV) e. Ingress and egress shall be consistent with State Access Management Plans, as
applicable;
f. No direct access to the Interstate right-of-way shall be permitted;
g. Joint access and frontage roads shall be established when frontage is not adequate to
meet the access spacing requirements of the Access Control Policy, Activity Center
Access Management Plan provisions, or State Access Management Plans, as applicable;
h. Access points and median openings shall be designed to provide adequate turning radii
to accommodate truck traffic and to minimize the need for U-turn movements;
i. The developer shall be responsible to provide all necessary traffic improvements to
include traffic signals, turn lanes, deceleration lanes, and other improvements deemed
necessary ‒ as determined through the rezoning process; and,
j. A maximum floor area ratio (FAR) for the designated Industrial land uses component of
the projects shall be established at 0.45.
(V)(VI)(XV)
3. Livingston/Pine Ridge Commercial Infill Subdistrict:
This Subdistrict consists of two parcels; one parcel consists of 17.5 acres and is located at the
southeast quadrant of Livingston Road, a collector roadway, and Pine Ridge Road, a minor arterial
roadway. The second parcel consists of 10.47 acres and is located at the northwest quadrant of
Livingston Road and Pine Ridge Road. In addition to uses allowed in the Plan, the intent of the
Livingston/Pine Ridge Commercial Infill Subdistrict is to provide shopping, personal services and
employment for the surrounding residential areas within a convenient travel distance and to
provide commercial services in an acceptable manner along a new collector roadway. The
Subdistrict is intended to be compatible with the neighboring commercial, public use and high
density residential properties and will utilize well-planned access points to improve current and
future traffic flows in the area.
(VI)(XV) a. Southeast Quadrant
If permitted by the South Florida Water Management District, emergency access to the North
Naples Fire District fire station located immediately east of the property will be provided
improving response times to all properties located south along Livingston Road.
Interconnection to abutting properties immediately to the South and immediately to the East
will be studied and provided if deemed feasible, as a part of the rezoning action relating to the
subject property.
(XV) = Plan Amendment by Ordinance No. 2007-18 on January 25, 2007
Page 4985 of 5419
1
HansenRachel
From:BellowsRay
Sent:Friday, July 1, 2022 11:27 AM
To:HansenRachel
Subject:Super 8 ZVL
Hi Rachel,
As we discussed earlier today, the applicant is requesting conformation that the residential density
applies to the entire PUD boundary but excludes the Industrial zoned tracts. They also want
confirmation of the maximum density for a commercial/residential mixed-use tract proposed for the
Tollgate PUD.
Thanks
Ray
Raymond V. Bellows, Zoning Manager
Zoning Division - Zoning Services Section
Growth Management Department
Telephone: 239.252.2463; Fax: 239.252.6350
Exceeding expectations, every day!
Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvqT.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Page 4986 of 5419
Tollgate Commercial Center CPUD
PUD Amendment
EXPEDITED REVIEW FORM
Page 4987 of 5419
CERTIFICATE OF AFFORDABLE HOUSING EXPEDITED REVIEW
Name of Development: _Tollgate Commercial Center_
Address/Location: ___3880 Tollgate Boulevard (Parcels 76885005005 and 76885005102)______
Applicant /Agent: __RVi Planning + Landscape Architecture c/o Jem Frantz, AICP
Phone / Email: _(239) 357-9580 jfrantz@rviplanning.com__________________
Size of Property: ___5+/- acres____________________________________________________
Proposed Use: _ Residential________________________________
Total Number Residential Units Planned: 110 dwelling units
Number of Affordable Housing Units Planned:
Rental _______ Owner Occupied _____ 121% - 140% AMI - GAP Income
Rental _13_OR Owner Occupied _13__ 81% - 120% AMI - Moderate Income
Rental _12_OR Owner Occupied _12__ 51% - 80% AMI - Low Income
Rental _______ Owner Occupied _____ 50% or less AMI - Very Low Income
Rental _______ Owner Occupied _____ 30% or less AMI - Extremely Low Income
Permit Number, if available: __PL2023007874 & PL20230007875 & PL20230007876_____________
Proposed Land Use Restriction: X - PUD Restriction or AHDB Agreement
-Developer Agreement
-Impact Fee Deferral Agreement
-Grant Restriction
-Other: __________________________
I hereby certify that the above described project meets the definition of providing affordable Housing in Collier
County and as such is entitled to participate in the County’s “Expedited Review Procedures of Affordable
Housing” as described in the Collier County Administrative Code through Resolution No. 2018-40.
By: Date:
Community and Human Services Division
By: Date: Jan 17, 2024_______
Builder/ Owner/ Developer/ Contractor
This Certification must be submitted to the Growth Management Department with permit application package, or plan
revisions, within nine months of date of issuance.
Page 4988 of 5419
Page 1
Tollgate Housing PUDA & GMPA
NIM Summary
RVi Planning + Landscape Architecture conducted a Neighborhood Information Meeting (NIM) for
the Tollgate Housing PUDA and GMPA. The meeting was held on Wednesday, June 26, 2023, at
5:30 p.m. at the Sheperd of the Glades Church located at 6020 Rattlesnake Hammock Road, Naples,
FL 34113 and virtually via Zoom.
A sign-in sheet is attached as Exhibit “A”. Two Collier County staff and members of the public
attended. A copy of the legal notice, affidavit of publication, a copy of the letter sent to surrounding
property owners, and a list of the surrounding property owners are attached as Exhibit “B”.
Page 4989 of 5419
Exhibit A – Sign In Sheet
Page 4990 of 5419
Page 4991 of 5419
Exhibit B – Meeting Notice
Page 4992 of 5419
Page 4993 of 5419
Page 4994 of 5419
RVi Planning + Landscape Architecture • 28100 Bonita Grande Drive, Sutie 305 • Bonita Springs, FL 34135 • 239.405.7777
• www.rviplanning.com
June 7, 2024
RE: Tollgate Housing Subdistrict GMPA-PL20230007876 &
Tollgate Commercial Center PUDA-PL20230007874
Dear Property Owner:
Please be advised that K2 Housing Naples, LLC has filed a Growth Management Plan
Amendment (PL20230007876) and a Planned Unit Development Amendment (PUDA)
application (PL20230007874) with Collier County. The applications will amend the Tollgate
Commercial Center PUD to allow 110 multifamily rental dwelling units (22 dwelling units per
acre) on Parcel 11 as an alternative to the 104 motel units known as Super 8 by Wyndham.
Of the 110 dwelling units, 25 units will be income restricted as affordable. The amendments
also allow minimum unit sizes of 250 square feet and add deviations related to required
landscaping and parking spaces applicable to the subject property.
The portion of the Tollgate Commercial Center PUD which is subject to these requests
comprises approximately 5+/- acres and is generally located at the north end of Tollgate Blvd
in unincorporated Collier County, Florida (see attached project location map).
In compliance with the Land Development Code requirements, a Neighborhood Information
Meeting will be held to provide you an opportunity to hear a presentation about this application
and ask questions. The Neighborhood Information Meeting will be held on Wednesday,
June 26, 2024, at 5:30 p.m. at the Shepherd of the Glades Church, 6020 Rattlesnake
Hammock Road, Naples, FL 34113.
Attending virtually is also available via Zoom. Please visit www.zoom.us, click on “Join A
Meeting” in the top right corner, and enter Zoom Meeting ID: 818 2476 1884, Passcode:
580063.
The purpose and intent of this Neighborhood Information Meeting is to provide the public with
notice of an impending zoning application and to foster communication between the applicant
and the public. The expectation is that all attendees will conduct themselves in such a manner
that their presence will not interfere with the orderly progress of the meeting.
Should you have questions prior to the meeting, please contact me directly at (239) 357-
9580 or jfrantz@rviplanning.com.
Sincerely,
RVi Planning + Landscape Architecture
Jem Frantz, AICP
Project Director
Page 4995 of 5419
RVi Planning + Landscape Architecture | 2 of 2
Hacienda Lakes MPUD (PDI)
PL20230016103
Page 4996 of 5419
NAME1 NAME2 NAME3 COUNTRY CITY STATE USZIP
CREEKSIDE TOLLGATE LLC 2600 GOLDEN GATE PKWAY USA NAPLES FL 34105
CREEKSIDE TOLLGATE LLC 2600 GOLDEN GATE PKWAY USA NAPLES FL 34105
CREEKSIDE TOLLGATE LLC 2600 GOLDEN GATE PKWAY USA NAPLES FL 34105
CREEKSIDE TOLLGATE LLC 2600 GOLDEN GATE PKWAY USA NAPLES FL 34105
CREEKSIDE TOLLGATE LLC 2600 GOLDEN GATE PKWAY USA NAPLES FL 34105
TOLL GATE COMMERCIAL CENTER % A M PAPINEAU 1165 CLAM CT APT 13 USA NAPLES FL 34102
CREEKSIDE TOLLGATE LLC 2600 GOLDEN GATE PKWAY USA NAPLES FL 34105
ISTORAGE PO LLC 8400 EAST PRENTICE AVE #900 USA GREENWOOD VILLAG CO 80111
CREEKSIDE TOLLGATE LLC 2600 GOLDEN GATE PKWAY USA NAPLES FL 34105
CRACKER BARREL OLD COUNTRY STORE INC PO BOX 787 USA LEBANON TN 37088
HIE TOLLGATE BLVD LLC 3837 TOLLGATE BLVD USA NAPLES FL 34114
CRACKER BARREL OLD COUNTRY STORE INC PO BOX 787 USA LEBANON TN 37088
TOLL GATE COMMERCIAL CENTER PROPERTY OWNERS ASSN INC P O BOX 990564 USA NAPLES FL 34116
R & M REAL ESTATE COMPANY INC 4100 GOLDEN GATE PKWY USA NAPLES FL 34116
TOLL GATE COMMERCIAL CENTER PROPERTY OWNERS ASSN INC P O BOX 990564 USA NAPLES FL 34116
Page 4997 of 5419
SIGN POSTING INSTRUCTIONS
(CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT)
A zoning sign(s) must be posted by the petitioner or the petitioner’s agent on the parcel for a minimum of fifteen (15) calendar
days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner’s agent through
the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not
be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative
Code, Chapter 8 E.
1.The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or
easement.
2.The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened
securely to a post, or other structure. The sign may not be affixed to a tree or other foliage.
3.The petitioner or the petitioner’s agent must maintain the sign(s) in place, and readable condition until the requested action
has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the
petitioner’s agent must replace the sign(s
- - - - - - - - - - - - - - -- -- - - - - - - --- - - - - --
AFFIDAVIT OF POSTING NOTICE
SIGNATURE OF APPLICANT OR AGENT STREET OR P.O. BOX
CITY, STATE ZIP NAME (TYPED OR PRINTED)
#
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was sworn to and subscribed before me this day of , 20 , by
, personally known to me or who produced as identification
and who did/did not take an oath.
Signature of Notary Public
My Commission Expires:
(Stamp with serial number)
Rev. 3/4/2015
NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE
RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE
ASSIGNED PLANNER.
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Jem Frantz
WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER
PL20230007874, PL20230007875, PL20: 230007876
Jem Frantz Bonita Springs, FL 34135
28100 Bonita Grande Dr., #305
Printed Name of Notary Public
11TH September 24
Jem Frantz is personally known to me
Sandra K. Fabrizio
Page 4998 of 5419
Page 4999 of 5419
Page 5000 of 5419
NOTICE OF PUBLIC HEARING
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 November 12, 2024, 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 AMENDING
ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE
ELEMENT AND FUTURE LAND USE MAP SERIES TO ADD THE TOLLGATE
HOUSING PARCEL TO PROPERTY DESIGNATED AS URBAN, URBAN
COMMERCIAL DISTRICT, INTERCHANGE ACTIVITY CENTER
SUBDISTRICT, ACTIVITY CENTER #9 TO ALLOW CONSTRUCTION OF 110
MULTIFAMILY RENTAL UNITS WITH AFFORDABLE HOUSING ON 5 ACRES
OF LAND ALSO KNOWN AS PARCEL 11 OF THE COMMERCIAL AREAS, “A”
PARCELS, ON THE TOLLGATE COMMERCIAL CENTER PLANNED UNIT
DEVELOPMENT MASTER DEVELOPMENT PLAN, AS AN ALTERNATIVE TO
COMMERCIAL USES, AND FURTHERMORE DIRECTING TRANSMITTAL OF
THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMERCE. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF
COLLIER BOULEVARD, NORTH OF BECK BOULEVARD AT 3880 TOLLGATE
BOULEVARD IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA. [PL20230007876]
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 92-10, AS
AMENDED, THE TOLLGATE COMMERCIAL CENTER PLANNED UNIT
DEVELOPMENT (PUD), WITHIN THE COLLIER BOULEVARD/INTERSTATE
75 INNOVATION ZONE OVERLAY (CBIIZO), BY AMENDING THE PUD
DOCUMENT TO ALLOW DEVELOPMENT OF 110 MULTI-FAMILY RENTAL
UNITS WITH AFFORDABLE HOUSING ON PARCEL 11 OF THE
COMMERCIAL AREAS, “A” PARCELS, AS SHOWN ON THE PUD MASTER
PLAN, AS AN ALTERNATIVE TO COMMERCIAL USES; AND BY PROVIDING AN
EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED ON THE EAST
SIDE OF COLLIER BOULEVARD, NORTH OF BECK BOULEVARD AT 3880
TOLLGATE BOULEVARD IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA. [PL20230007874]
AND
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A RESOLUTION AMENDING DEVELOPMENT ORDER 84-1, AS AMENDED, FOR
THE TOLL GATE COMMERCIAL CENTER DEVELOPMENT OF REGIONAL
IMPACT BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT
ORDER AND THE MASTER DEVELOPMENT PLAN (MAP H) TO ALLOW
DEVELOPMENT OF 110 MULTI-FAMILY RENTAL UNITS WITH AFFORDABLE
HOUSING ON PARCEL 11 OF THE COMMERCIAL AREAS, “A” PARCELS, AS
SHOWN ON THE MASTER DEVELOPMENT PLAN, AS AN ALTERNATIVE TO
COMMERCIAL USES, COMPRISING 5± ACRES OF THE DEVELOPMENT OF
REGIONAL IMPACT; BY EXTENDING THE EXPIRATION DATE AND BUILDOUT
DATE TO AUGUST 1, 2030; SECTION TWO, EFFECT OF PREVIOUSLY ISSUED
DEVELOPMENT ORDERS, TRANSMITTAL TO THE FLORIDA DEPARTMENT OF
COMMERCE AND EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED ON
THE EAST SIDE OF COLLIER BOULEVARD, NORTH OF BECK BOULEVARD AT
3880 TOLLGATE BOULEVARD IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA. [PL20230007875]
A copy of the proposed Ordinancesand Resolution is on file with the Clerk to the Board and is available for inspection.
All interested parties are invited to attend and be heard.
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. 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.
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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 i s 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
CHRIS HALL, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Yani Fernandez, Deputy Clerk
(SEAL)
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