Backup Documents 11/12/2024 Item #17A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 ?A
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3 County Attorney Office County Attorney Office
I-4 c _
4. BCC Office Board of County
Commissioners C f J bre7/51 ((1(31 ZY
5. Minutes and Records Clerk of Court's Office ()A,
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Parker Klopf,Comprehensive Planning Phone Number 239-252-2471
Contact/ Department
Agenda Date Item was 11/12/2024 Agenda Item Number 17A
Approved by the BCC
Type of Document Ordinance Number of Original 1
Attached Documents Attached
number or account ��' co• [
number if document is L�1-
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be PK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the PK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's PK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip PK
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 11-12-24 and all changes made during ( N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the f N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the \� an option fo
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
17A
ORDINANCE NO. 2024- 4 6
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
BOULVEARD, NORTH OF BECK BOULEVARD AT 3880 TOLLGATE
BOULEVARD IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY,FLORIDA (PL20230007876)
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Community Planning Act, formerly the Florida Local Government Comprehensive Planning and
Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, K2 Housing Naples, LLC requested an amendment to the Future Land Use
Element and Future Land Use Map Series; and
WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is
considered a Small-Scale Amendment; and
WHEREAS, the Subdistrict property is not located in an area of critical state concern or a
rural area of opportunity; and
[24-CMP-01210/1887649/1]52
PL20230007876 1 of 3
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174
WHEREAS, the Collier County Planning Commission (CCPC) on September 20, 2024,
considered the proposed amendment to the Growth Management Plan and recommended approval
of said amendment to the Board of County Commissioners; and
WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and held public hearings concerning the proposed adoption of the
amendment to the Future Land Use Element and Future Land Use Map and Map Series of the
Growth Management Plan on November 12, 2024; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT
PLAN
The amendments to the Future Land Use Element and Future Land Use Map Series
attached hereto as Exhibit "A" and incorporated herein by reference, are hereby adopted in
accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida
Department of Economic Opportunity.
SECTION TWO: TRANSMITTAL TO THE FLORIDA DEPARTMENT OF
COMMERCE
The Board of County Commissioners directs transmittal of the adopted amendment to the
Florida Department of Commerce.
SECTION THREE: SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION FOUR: EFFECTIVE DATE.
The effective date of this plan amendment,if the amendment is not timely challenged,shall
be 31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If timely challenged,this amendment shall become effective on
the date the state land planning agency or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. No development orders, development
permits, or land uses dependent on this amendment may be issued or commenced before it has
become effective.
[24-CMP-01210/1887649/1]52
PL20230007876 2 of 3
Toll Gate SSGMPA
11/12/24
17A
PASSED AND DAJLY ADOPTED by the Board of County Commissioners of Collier
County, Florida this I day of IVOverily( 2024.
ATTEST* BOARD OF COUNTY COMMISSIONERS
CRYSTAL K: KINZEL, CLERK COLLIER COUNTY, FLORIDA
filejal(
BY:
est-as t 4glatysClerk C s Hall, Chairman
signature only
Approved as to form and legality:
This ordinance filed with the
/.), Secretory= oih(e
s ffice
day
He di Ashton-Cicko and acknowledgement .of that
Managing Assistant County Attorney offi received this doy
ByOfet 1...
arte
Attachment: Exhibit A—Text and Parcel Map
[24-CMP-0 12 1 0/1 88 7 649/1152
PL20230007876 3 of 3
Toll Gate SSGMPA
11/12/24
17A
Exhibit A
COLLIER COUNTY FUTURE LAND USE ELEMENT
Urban Designation
C.Urban—Commercial District
2.Interchange Activity Center Subdistrict:
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. 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.
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 two(2)parcels and one of the parcels being 3.4 acres will be permitted
to utilize conventional zoning. The remainder 0.26-acre parcel is excluded from Interchange Activity Center#9. 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 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.
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.
Development located within the boundaries of an Interchange Activity Center in all subdistrict may be permitted up to 25
units per gross acre per standards of the Mixed- Income Housing Program for housing that is affordable as outlined in
the LDC. 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,except as allowed by the Mixed-
Income Housing Program for housing that is affordable as outlined in the LDC. 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.
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 humanscale, 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.Development
located within the boundaries of an Interchange Activity Center in all subdistrict may be permitted up to twenty-five(25)
units per gross acre per standards of the mixed-Income Housing Program for housing that is affordable as outlined in the
LDC. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban
PL20230007876 Page 1 of 4
11-12-2024
17A
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.
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-ofwayof the Interstate;d.
Central water and sewage systems shall be required;
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.
Tollgate Housing Parcel
The Tollgate Housing Parcel comprises 5+/- acres on the east side of Collier Boulevard (C.R. 951), north of Beck
Boulevard with direct access to Tollgate Boulevard within Activity Center#9 in Section 35,Township 49,Range 26. In
addition to the uses, densities, and intensities allowed in Activity Center#9,the Tollgate Housing Parcel is intended to
allow multi-family dwelling units to promote the integration of housing in proximity to transit,employment centers, and
public infrastructure, which will serve to reduce existing trip lengths. The Tollgate Housing Parcel is identified in the
Activity Center Subdistrict Map included as Part of the FLUM and Map Series for Activity Center#9,and is within the
existing Tollgate Commercial Center PUD. The Development of the Tollgate Housing Parcel shall be governed by the
following criteria:
a. Rezoning is required to be in the form of an amendment to the Tollgate Commercial Center PUD.
b. Residential uses are allowed at a maximum density of 22 dwelling units per acre calculated based upon the
PL20230007876 Page 2 of 4
11-12-2024
17A
entire acreage of the Tollgate Housing Parcel,not to exceed 110 dwelling units,and related amenities.
1. Thirty Three(33)units(collectively referred to as"Set Aside Units")shall be restricted as follows:
a) 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.
b) Thirteen(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.
2. There will be no income restrictions on the remaining units within the Tollgate Housing Parcel identified on
FLUE Activity Center Map#9.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.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.
3. 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.
4. As part of the annual PUD monitoring report,the developer will include an annual report that provides the
progress and monitoring of occupancy of the income restricted units.For rent restricted units,rent rolls and
rental data will be provided in a format approved by Collier County Community and Human Services
Division.Developer agrees to annual on-site monitoring by the County.
C. All dwellings will be rental units.
d. The Density Rating System is not applicable to the Tollgate Housing Parcel.
PL20230007876 Page 3 of 4
11-12-2024
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
November 14, 2024
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Crystal Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2024-46, which was filed in this office on November 14,
2024.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
BCC 11/12/2024 1 7 A
PL20230007876, PL20230007874, PL20230007875
Tollgate Housing Subdistrict
Legal Notices Website
,ilyn.Padron@colliercountyfl.gov>
Sent: Wednesday, October 16, 2024 3:25 PM
To: Minutes and Records; Legal Notice
Cc: KlopfParker; LauraDeJohnVEN; bellows_r;Jem Frantz; RodriguezWanda; BradleyNancy;
Gulzhan Mejia; GMDZoningDivisionAds
Subject: 11/12/24 BCC- *Web*Ad Request for Tollgate Housing Subdistrict (Small Scale GMPA)
&Tollgate Commercial Center(PUD) & (DOA) (PL20230007876, PL20230007874 &
PL20230007875)
Attachments: Ad Request.pdf; Ordinance 100724 corrected.pdf; Ordinance No. 101524.pdf; Resolution
082224.pdf; RE: 11/12/24 BCC- *Web*Ad Request for Tollgate Housing Subdistrict
(Small Scale GMPA) &Tollgate Commercial Center (PUD) & (DOA) (PL20230007876,
PL20230007874 & PL20230007875); RE: 11/12/24 BCC- *Web*Ad Request for Tollgate
Housing Subdistrict (Small Scale GMPA) &Tollgate Commercial Center(PUD) & (DOA)
(PL20230007876, PL20230007874 & PL20230007875); RE: 11/12/24 BCC- *Web*Ad
Request for Tollgate Housing Subdistrict (Small Scale GMPA) &Tollgate Commercial
Center (PUD) & (DOA) (PL20230007876, PL20230007874 & PL20230007875); RE: ad
request for approval: 11/12/24 BCC- *Web*Ad Request for Tollgate Housing Subdistrict
(Small Scale GMPA) &Tollgate Commercial Center(PUD) & (DOA) (PL20230007876,
PL20230007874 & PL20230007875)
Good afternoon, M&R,
Attached is the PDF Ad Request, Ordinances, Resolution, and approvals for the referenced petitions. Please post this on
the Collier Legal Notices webpage, the ad will need to be advertised on October 23rd and run through the hearing date.
Please let me know if you have any questions.
Thank you!
Ailyn Padron
Management Analyst I
Zoning
Office:239-252-5187 Collier Coun
2800 Horseshoe Dr. A OX 12 I
Naples, Florida 34104
Ailyn.Padron@colliercountyfl.gov
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.
1
17A
Yanirda Fernandez
From: Parker Klopf <Parker.Klopf@colliercountyfl.gov>
Sent: Wednesday, October 16, 2024 11:14 AM
To: PadronAilyn
Subject: RE: 11/12/24 BCC- *Web*Ad Request for Tollgate Housing Subdistrict (Small Scale
GMPA) &Tollgate Commercial Center(PUD) & (DOA) (PL20230007876, PL20230007874
& PL20230007875)
Follow Up Flag: Follow up
Flag Status: Flagged
Ok with me
Parker Klopf
Planner Ill (j*,
Zoning
Office:239-252-2471 Collier Coun
OCI Xo �
Parker.Klopf&.colliercountyfl.gov
From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov>
Sent:Tuesday, October 15, 2024 11:36 AM
To: Parker Klopf<Parker.Klopf@colliercountyfl.gov>; LauraDeJohnVEN <Laura.DeJohn@colliercountyfl.gov>; Ray Bellows
<Ray.Bellows@colliercountyfl.gov>;Jem Frantz<jfrantz@rviplanning.com>
Cc:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; Nancy Gundlach
<Nancy.Gundlach@colliercountyfl.gov>; Gulzhan Mejia <Gulzhan.Mejia@colliercountyfl.gov>; GMDZoningDivisionAds
<GMDZoningDivisionAds@colliercountyfl.gov>
Subject: 11/12/24 BCC- *Web* Ad Request for Tollgate Housing Subdistrict(Small Scale GMPA) &Tollgate Commercial
Center(PUD) & (DOA) (PL20230007876, PL20230007874& PL20230007875)
Good morning,
Attached is the *Web* Ad Request, Map, Ordinances and Resolution for the referenced petitions. Please let me know if
you approve and/or if changes are needed no later than 2:00pm,Wednesday.
Please let me know if you have any questions.
Thank you.
17A
Ailyn Padron
Management Analyst I
Zoning {>>,
-!r
Office:239-252-5187 Coo l ier Cou n
2800 Horseshoe Dr. CV X a
Naples, Florida 34104
Ailvn.Padrone.colliercountvfl.gov
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.
2
17A
Yanirda Fernandez
From: Ray Bellows <Ray.Bellows@colliercountyfl.gov>
Sent: Wednesday, October 16, 2024 11:29 AM
To: PadronAilyn
Subject: RE: 11/12/24 BCC- *Web*Ad Request for Tollgate Housing Subdistrict (Small Scale
GMPA) &Tollgate Commercial Center(PUD) & (DOA) (PL20230007876, PL20230007874
& PL20230007875)
Follow Up Flag: Follow up
Flag Status: Flagged
Hi Ailyn,
I have reviewed and approved the subject request for Laura.
Respectfully,
Ray Bellows
Manager - Planning j
Zoning {
Collier Coun
113ColX, aI
Ray.Bellows a( ,colliercountvfl.gov
From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov>
Sent:Wednesday,October 16, 2024 10:37 AM
To: Ray Bellows<Ray.Bellows@colliercountyfl.gov>
Subject: FW: 11/12/24 BCC- *Web* Ad Request for Tollgate Housing Subdistrict(Small Scale GMPA) &Tollgate
Commercial Center(PUD)& (DOA) (PL20230007876, PL20230007874& PL20230007875)
Good morning, Ray,
Could you review and approve on behalf of Laura please?
Thank you.
Ailyn Padron
-115
Management Analyst I
Zoning
Collier Coun
Office:239-252-5187
a X CO f
2800 Horseshoe Dr.
i
17A
Naples, Florida 34104
Ailyn.Padron(c�colliercountyfl.00v
From:Ailyn Padron<Ailyn.Padron(«@colliercountyfl.gov>
Sent:Tuesday, October 15, 2024 11:36 AM
To: Parker Klopf<parker.Klopf(c@colliercountyfl.gov>; LauraDeJohnVEN <Laura.DeJohn@colliercountyfl.gov>; Ray Bellows
<Ray.Bellows(Wcolliercountyfl.gov>;Jem Frantz<jfrantz@rviplanning.com>
Cc:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; Nancy Gundlach
<Nancy.Gundlach@colliercountyfl.gov>; Gulzhan Mejia <Gulzhan.Mejia@colliercountyfl.gov>; GMDZoningDivisionAds
<GMDZoningDivisionAds@colliercountyfl.gov>
Subject: 11/12/24 BCC- *Web* Ad Request for Tollgate Housing Subdistrict (Small Scale GMPA) &Tollgate Commercial
Center(PUD) & (DOA) (PL20230007876, PL20230007874 & PL20230007875)
Good morning,
Attached is the *Web* Ad Request, Map, Ordinances and Resolution for the referenced petitions. Please let me know if
you approve and/or if changes are needed no later than 2:oopm,Wednesday.
Please let me know if you have any questions.
Thank you.
Ailyn Padron
Management Analyst I
Zoning
Office:239-252-5187 Collier Coun
2800 Horseshoe Dr. fl X 0 I
Naples, Florida 34104
Ailyn.Padron a( ,colliercountyfl.dov
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.
2
17A
Yanirda Fernandez
From: Jem Frantz <jfrantz@rviplanning.com>
Sent: Wednesday, October 16, 2024 11:43 AM
To: PadronAilyn; KlopfParker; LauraDeJohnVEN; bellows_r
Cc: RodriguezWanda; GundlachNancy; Gulzhan Mejia; GMDZoningDivisionAds
Subject: RE: 11/12/24 BCC- *Web*Ad Request for Tollgate Housing Subdistrict (Small Scale
GMPA) &Tollgate Commercial Center(PUD) & (DOA) (PL20230007876, PL20230007874
& PL20230007875)
Attachments: Post CCPC - Exhibit IV.B - GMPA Strikethrough-Underline.docx; Post CCPC - Proposed
Ordinance - Strikethrough Underline.docx
Follow Up Flag: Follow up
Flag Status: Flagged
EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
The GMPA and PUD Ordinances were updated after the CCPC hearing.The attached were just sent to staff
yesterday.
I don't have any changes to the advertisements.
Sincerely,
Jem Frantz, AICP (she/her)
Project Director
PV Planning+Landscape Architecture
28100 Bonita Grande Drive, Suite 305 • Bonita Springs, FL 34135
239.357.9580 Mobile • 239.319.0026 Direct•239.405.7777 Main
www.rviplanning.com
From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov>
Sent:Tuesday, October 15, 2024 11:36 AM
To: Parker Klopf<Parker.Klopf@colliercountyfl.gov>; LauraDeJohnVEN <Laura.DeJohn@colliercountyfl.gov>; Ray Bellows
<Ray.Bellows@colliercountyfl.gov>;Jem Frantz<jfrantz@rviplanning.com>
Cc:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; Nancy Gundlach
<Nancy.Gundlach@colliercountyfl.gov>; Gulzhan Mejia <Gulzhan.Mejia@colliercountyfl.gov>; GMDZoningDivisionAds
<GMDZoningDivisionAds@colliercountyfl.gov>
Subject: 11/12/24 BCC- *Web* Ad Request for Tollgate Housing Subdistrict(Small Scale GMPA) &Tollgate Commercial
Center(PUD) & (DOA) (PL20230007876, PL20230007874& PL20230007875)
Good morning,
Attached is the *Web* Ad Request, Map, Ordinances and Resolution for the referenced petitions. Please let me know if
you approve and/or if changes are needed no later than 2:00pm,Wednesday.
Please let me know if you have any questions.
1
1 7A
Thank you.
Ailyn Padron
Management Analyst I
Zoning
Office:239-252-5187 Collier CUu n
2800 Horseshoe Dr. 111 al X, Q I
Naples, Florida 34104
Ailyn.Padrone,colliercountyfl.dov
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.
Links contained in this email have been replaced. If you click on a link in the email above, the link will be
analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination.
If suspicious content is detected, you will see a warning.
External Email: Do not click any links or open any attachments unless you trust the sender and know the
content is safe.
2
1 7A
Yanirda Fernandez
From: Heidi Ashton <Heidi.Ashton@colliercountyfl.gov>
Sent: Wednesday, October 16, 2024 8:31 AM
To: RodriguezWanda
Cc: Crotteau Kathynel I
Subject: RE: ad request for approval: 11/12/24 BCC- *Web*Ad Request for Tollgate Housing
Subdistrict (Small Scale GMPA) &Tollgate Commercial Center(PUD) & (DOA)
(PL20230007876, PL20230007874 & PL20230007875)
Follow Up Flag: Follow up
Flag Status: Flagged
Approved.Thank you!
r- 6oli.Aslitovti-C%clzo
Managing Assistant County Attorney
Office of the County Attorney
2800 North Horseshoe Drive, Suite 301
Naples, FL 34104
(239) 252-87 3
From: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>
Sent:Tuesday, October 15, 2024 12:00 PM
To: Heidi Ashton <Heidi.Ashton@colliercountyfl.gov>
Cc: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov>
Subject:ad request for approval: 11/12/24 BCC- *Web* Ad Request for Tollgate Housing Subdistrict(Small Scale GMPA)
&Tollgate Commercial Center(PUD) & (DOA) (PL20230007876, PL20230007874& PL20230007875)
Heidi,
For your approval.
Wanda Rodriguez, MCP, CRIvi
Office of the County attorney
(239) 252-8400
cotTIF/FO
A `1
'13 FLORIDA'S
nn
ACP D q \J )
OWER01
CONY
Ccclficd Pablk Managcr
IAYrYther*
From:Ailyn Padron <Ailyn.Padron@colliercountvfl.gov>
Sent:Tuesday, October 15, 2024 11:36 AM
To: Parker Klopf<Parker.Klopf@colliercountvfl.gov>; LauraDeJohnVEN<Laura.DeJohn@colliercountyfl.gov>; Ray Bellows
1
17A
<Ray.Bellows@colliercountyfl.gov>;Jem Frantz<jfrantz@rviplanning.com>
Cc:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; Nancy Gundlach
<Nancy.Gundlachc colliercountyfl.gov>; Gulzhan Mejia <Gulzhan.Meiia@colliercountyfl.gov>; GMDZoningDivisionAds
<GMDZoningDivisionAds@colliercountyfl.gov>
Subject: 11/12/24 BCC- *Web* Ad Request for Tollgate Housing Subdistrict(Small Scale GMPA) &Tollgate Commercial
Center(PUD) & (DOA) (PL20230007876, PL20230007874& PL20230007875)
Good morning,
Attached is the *Web* Ad Request, Map, Ordinances and Resolution for the referenced petitions. Please let me know if
you approve and/or if changes are needed no later than 2:00pm,Wednesday.
Please let me know if you have any questions.
Thank you.
Ailyn Padron
Management Analyst I Zoning t,411
Office:239-252-5187 Collier Cou n
2800 Horseshoe Dr. 0 X co I
Naples, Florida 34104
Ailyn.PadronCa,colliercountyfl.cgov
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.
2
1 7A
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
�t7A
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]
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A copy of the proposed Ordinances and 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.
1 7A
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide
public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate
remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events
on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted
on the County website.Registration should be done in advance of the public meeting,or any deadline specified within
the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing
how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's
risk. The County is not responsible for technical issues. For additional information about the meeting, please call
Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities
Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239)252-8380, at
least two(2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board
of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
CHRIS HALL,
CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT&COMPTROLLER
By:
Deputy Clerk(SEAL)
1 7A
ORDINANCE NO. 2024-
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 BOULVEARD,
NORTH OF BECK BOULEVARD AT 3880 TOLLGATE BOULEVARD
IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY,FLORIDA (PL20230007876)
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Community Planning Act, formerly the Florida Local Government Comprehensive Planning and
Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, K2 Housing Naples, LLC requested an amendment to the Future Land Use
Element and Future Land Use Map Series; and
WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is
considered a Small-Scale Amendment; and
WHEREAS, the Subdistrict property is not located in an area of critical state concern or a
rural area of opportunity; and
[24-CMP-01210/1887649/I]52
PL20230007876 1 of 3
Toll Gate SSGMPA
10/7/24 R
1 7A
WHEREAS, the Collier County Planning Commission (CCPC) on
considered the proposed amendment to the Growth Management Plan and recommended approval
of said amendment to the Board of County Commissioners; and
WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and held public hearings concerning the proposed adoption of the
amendment to the Future Land Use Element and Future Land Use Map and Map Series of the
Growth Management Plan on 2024; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT
PLAN
The amendments to the Future Land Use Element and Future Land Use Map Series
attached hereto as Exhibit "A" and incorporated herein by reference, are hereby adopted in
accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida
Department of Economic Opportunity.
SECTION TWO: TRANSMITTAL TO THE FLORIDA DEPARTMENT OF
COMMERCE
The Board of County Commissioners directs transmittal of the adopted amendment to the
Florida Department of Commerce.
SECTION THREE: SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION FOUR: EFFECTIVE DATE.
The effective date of this plan amendment, if the amendment is not timely challenged,shall
be 31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If timely challenged,this amendment shall become effective on
the date the state land planning agency or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. No development orders, development
permits, or land uses dependent on this amendment may be issued or commenced before it has
become effective.
[24-CMP-01210/1887649/1]52
PL20230007876 2 of 3
Toll Gate SSGMPA
10/7/24
1 7A
PASSED AND DULY ADOPTED by 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:
Deputy Clerk Chris Hall, Chairman
Approved as to form and legality:
X
Heidi Ashton-Cicko 10-7-24
Managing Assistant County Attorney
Attachment: Exhibit A—Text and Parcel Map
[24-CMP-01210/1887649/1]52
PL20230007876 3 of 3
Toll Gate SSGMPA
10/7/24
1 7A
Exhibit A
COLLIER COUNTY FUTURE LAND USE ELEMENT
1. Urban Designation
C.Urban—Commercial District
2.Interchange Activity Center Subdistrict:
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.Interchange Activity Centers#4(1-75
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.
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 two(2)parcels and one of the parcels being 3.4 acres will be permitted
to utilize conventional zoning. The remainder 0.26-acre parcel is excluded from Interchange Activity Center#9. 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 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.
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.
Development located within the boundaries of an Interchange Activity Center in all subdistrict may be permitted up to 25
units per gross acre per standards of the Mixed-Income Housing Program for housing that is affordable as outlined in
the LDC. 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,except as allowed by the Mixed-
Income Housing Program for housing that is affordable as outlined in the LDC. 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.
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 humanscale, 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.Development
located within the boundaries of an Interchange Activity Center in all subdistrict may be permitted up to twenty-five(25)
units per gross acre per standards of the mixed-Income Housing Program for housing that is affordable as outlined in the
LDC. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban
PL20230007876 Page 1 of 4
10/07/2024
1 7A
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.
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-ofway of the Interstate;d.
Central water and sewage systems shall be required;
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.
Tollgate Housing Parcel
The Tollgate Housing Parcel comprises 5+/- acres on the east side of Collier Boulevard (C.R. 951), north of Beck
Boulevard with direct access to Tollgate Boulevard within Activity Center#9 in Section 35,Township 49,Range 26.In
addition to the uses,densities, and intensities allowed in Activity Center#9,the Tollgate Housing Parcel is intended to
allow multi-family dwelling units to promote the integration of housing in proximity to transit,employment centers,and
public infrastructure,which will serve to reduce existing trip lengths. The Tollgate Housing Parcel is identified in the
Activity Cener Subdistrict Map included as Part of the FLUM and Map Series for Activity Center#9,and is within the
existing Tollgate Commercial Center PUD.The Development of the Tollgate Housing Parcel shall be governed by the
following criteria:
a. Rezoning is required to be in the form of an amendment to the Tollgate Commercial Center PUD.
b. Residential uses are allowed at a maximum density of 22 dwelling units per acre calculated based upon the
PL20230007876 Page 2 of 4
10/07/2024
1 7A
entire acreage of the Tollgate Housing Parcel,not to exceed 110 dwelling units,and related amenities.
1. Thirty Three(33)units(collectively referred to as"Set Aside Units")shall be restricted as follows:
a) Twelve(16)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.
b) Thirteen(17)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.
2. There will be no income restrictions on the remaining units within the Tollgate Housing Parcel identified on
FLUE Activity Center Map#9.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.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.
3. 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.
4. As part of the annual PUD monitoring report,the developer will include an annual report that provides the
progress and monitoring of occupancy of the income restricted units.For rent restricted units,rent rolls and
rental data will be provided in a format approved by Collier County Community and Human Services
Division.Developer agrees to annual on-site monitoring by the County.
C. All dwellings will be rental units.
d. The Density Rating System is not applicable to the Tollgate Housing Parcel.
PL20230007876 Page 3 of 4
10/07/2024
1 7A
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1 7A
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.
[24-CPS-02446/1862436/1]39 1 of 2
Tollgate Commercial Center—PL20230007874
10/15/24
1 7A
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:
A
Heidi Ashton-Cicko 10-15-24
Managing Assistant County Attorney
Attachment: Exhibit A—PUD Document and Master Plan
[24-CPS-02446/1862436/1]39 2 of 2
Tollgate Commercial Center—PL20230007874
10/15/24
17A
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
/1880 TAMARIND RIDGE DRIVE,
NAPLES, FLORIDA 31119
(239) 353 1167
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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1 7A
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
Collie �a�► i�cca rence-alongfihe eaS e of sai l-S2E ren 35 No t'h0 6' 55"
Alley); thence along said north right of way line,North 89° 45' 01" West 331.23 feet to
.mot o f i..tv co of id„o,.th r gh „ . ,l: f Star 17 ,1 93 (i 75) d tt, n t
n Y� ti tf�b'� o o �
of Be f the of ho d ibed• the : ..l„ id ght of_ tine
s� �5o Yar:c. o s , o „t 0
of State Road 84 (Alligator Alley)on the following five courses:
1) North 89° 15' 0 I" West 2398.66 feet;
2) South 89° 56' 16" West 1517.43 feet;
3) North 80° 13' 58" West 709.38 feet;
'1) North 39° 52' 42" West 209.91 feet;
5) North 10° 21' 33" West 209.91 Feet to a point on the East Limited Access, right
of way line of State Road 93 (1 75);
thercecont-inue--along-said-4 i-mited-AFeeas right e€-way-l-i-ne-of State-9-3 (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;
/1) North 86° 37' 01" East 778.51 feet;
5) South 87° 55' 12" East 318.82 feet;
6) South 78° 41' 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,
hayi ad' f 1 1� 71 1 6 f t bt tL 75° ' 07"
.��ravia� erTry �: :�rrc�c�JccvcP}3�C`t�ly�-Fhvrd�i�3fEl�dearS-�vtrcifTv �JSJ—vr
East 223.67 feet to the north right of way line of State Road 81 (Alligator Alley); and the
Pe of Beginning of the-parcel herein described eing as -e��th 'Section 35,
Township 19 South, Range 26 East, Collier County, Florida; subject to easements and
restrictions of records; containing 69.10 acres of land more or less; bearings are based on
Florida De a tment ofTrars„e t tion ght f, f St t n a 93 (1 75)
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ALSO INCLUDING THE FOLLOWING:
2, Township 50 South, Range 26 East, Collier County, Florida
•
89° 45' 071�"�West, 337.83 feet along the North line of said Section 2 pf�or �a POINT OF
�fI G; thence Sa '+c th 00°02' •
�
19" �t ' "
cra .98 t; thenc o th O 177 1
g est�
2,300.70 feet; thence on a course traversing from said Section 35, South 89° 56' 02" West,
•
. . ;
thence South I 0° 21' 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, 1,517.43 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 2109); 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 25t',2017 is Toll Gate-Apples T nd 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-LAN;)- SE: ^���h rese.t time the site is unoccupied except for a 101
room motel.
D. ADJACENT LAND USE: The adjacent lands are predominately vacant at the
prese� �e n hwes a-nd se ves corners of CR9S �a C 4
presently used as gasoline service stations.
The prone ' t �t T ^7C ght „f. d th rti at- fC 81
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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17A
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.
(0 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:
Income Limit by Number Rent Limit by Number of
2024 of People in Unit Bedrooms in Unit
Collier Percentage Category 1 2 0 1 2
County 30% Extremely Low $21,930 $25,050 $548 $587 $704
Median 50% Very Low $36,550 $41,750 $913 $978 $1,173
Household 60% n/a $43,860 $50,100 $1,096 $1,174 $1,408
Income 80% Low $58,480 $66,800 $1,462 $1,566 $1,878
$104,300 120% 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 Ala)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 Sheriffs 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 '/z 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 %2 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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DEVELOPMENT ORDER NO.2024-
RESOLUTION NO. 2024-
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)
WHEREAS, the Board of County Commissioners of Collier County approved
Development Order No. 84-1, which approved a Development of Regional Impact(DRI) known
as the Toll Gate Commercial Center DRI on January 17, 1984; and
WHEREAS, the Application for Development Approval (ADA) was incorporated into
and by reference made a part of the Development Order; and
WHEREAS, the Development Order has been subsequently amended several times, to
wit:
(i) Resolution No. 92-100 (Development Order No. 92-1), February 11, 1992;
(ii) Resolution No. 92-222, (Development Order No. 94-1)April 7, 1992;
(iii) Resolution No. 97-75 (Development Order No. 97-2), February 11, 1997;
(iv) Resolution No. 03-428; (Development Order No. 03-03)December 2, 2003;
(v) Resolution No. 14-229 (Development Order No. 14-02) October 28, 2014;
(vi) Resolution No. 15-193 (Development Order No. 15-01) September 22, 2015; and
WHEREAS, the real property, which is the subject of the Development Order, is legally
described in Exhibit A to Resolution 92-100 (Development Order No. 92-1); and
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WHEREAS, K2 Housing Naples, LLC has filed a Development Order Amendment
(DOA) Application to allow development of multifamily rental units with affordable housing on
Tract 11 of the commercial areas, "A" Parcels, as shown on the Master Development Plan, as an
alternate to commercial uses; and
WHEREAS, the Collier County Planning Commission held a public hearing on
; and
WHEREAS, the Board of County Commissioners, as the governing body of the
unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06,
Florida Statutes, is authorized and empowered to consider proposed changes to the Toll Gate
Commercial Center DRI; and
WHEREAS, at a public hearing held on , the Board of County
Commissioners of Collier County, Florida, in accordance with Section 380.06, Florida Statutes,
having considered (a) the DOA Application, (b) the record made at the aforementioned hearing,
(c) the record of the documentary and oral evidence presented to the Collier County Planning
Commission, and (d)the report and recommendation of Collier County planning staff, the Board
of County Commissioners hereby approves the following Toll Gate Commercial Center DRI
Development Order amendments.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER
That Sections 2 and 7 of Development Order 84-1, as amended, for the Toll Gate
Commercial Center is hereby further amended to read as follows:
Section 2. That the Board of County Commissioners, having received the above-
referenced documents, and having received all related comments, testimony and
evidence submitted by each party and members of the general public, finds there is
substantial competent evidence to support the following findings of fact:
************
D. The applicant proposes development of Toll Gate Commercial Center,
100.24 acres, for commercial, industrial,and residential tourist uses, and 110
multi-family dwelling units, limited to parcel 11 only identified in Map H.
************
H. The development is not in an area designated an aArea of eCritical State
eConcern pursuant to the provisions of Section 380.06 380.05, Florida
Statutes, as amended.
************
Section 7. That this Order shall remain in effect until the expiration date and
buildout date of August 1, 202-I-2030. Any development activity wherein plans have
been submitted to the County for its review and approval prior to the expiration date
of this Order may be completed, if approved. This Order may be extended by the
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Board of County Commissioners on the finding of excusable delay in any proposed
development activity.
SECTION TWO: AMENDMENTS TO MASTER DEVELOPMENT PLAN
Exhibit C contained in the DRI Development Order, Resolution No. 92-100, as amended,
the Master Development Plan, is hereby amended and attached to this Resolution and
incorporated herein as Exhibit "A".
SECTION THREE: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER,AS
AMENDED, TRANSMITTAL TO THE FLORIDA DEPARTMENT
OF COMMERCE AND EFFECTIVE DATE
A. Except as amended hereby, Development Order 84-1, as amended, shall remain in
full force and effect, binding in accordance with its terms on all parties thereto.
B. A copy of this Development Order will be transmitted to the Florida Department of
Commerce.
C. This Development Order/Resolution is effective on the date of Board adoption.
This Resolution adopted after motion, second and 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:
frAC—
Heidi Ashton-Cicko 8-22-24
Managing Assistant County Attorney
Attachments: Exhibit A—Revised Master Development Plan, Map H
[24-CPS-02440/1871807/1146 words added are underlined;words deleted are stru
Toll Gate DRI PL20230007875 3 of 3
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EXHIBIT A
N.SI'II
MASTER ,
DEVELOPMENT PLAN ;:;: :;; ; x
TOLLGATE LL. s a -c - e
1.: s
• oCOMMERCIAL CENTER e a
January, 1991 ° i ° ^ °
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C.R. 951
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MAP H
17A
F4V Tollgate Housing Parcel GMPA
Proposed Text Amendment
II. IMPLEMENTATION STRATEGY
* * * * * * * * * * * * * *
Policy 1.5:
The URBAN Future Land Use Designation shall include Future Land Use Districts and
Subdistricts for:
C. URBAN - COMMERCIAL DISTRICT
1. Mixed Use Activity Center Subdistrict
2. Interchange Activity Center Subdistrict
(LXXXVI) 2.a. Tollgate Housing Parcel
(V) 3. Livingston/Pine Ridge Commercial Infill Subdistrict
4. Business Park Subdistrict
(VI) 5. Research and Technology Park Subdistrict
(VI) 6. Livingston Road/Eatonwood Lane Commercial Infill Subdistrict
(VI) 7. Livingston Road Commercial Infill Subdistrict
(XII) 8. Commercial Mixed Use Subdistrict
(XIV)(XV) 9. Livingston RoadNeterans Memorial Boulevard Commercial Infill
Subdistrict
(XIX) 10. Orange Blossom/Airport Crossroads Commercial Subdistrict
(XLIII)(XLIV) 11. Davis — Radio Commercial Subdistrict
(XLV) 12. Logan Boulevard/Immokalee Road Commercial Infill Subdistrict
(XLVIII) 13. East Tamiami Trail Commercial Infill Subdistrict
(L) 14. Seed to Table Commercial Subdistrict
(LVIII) 15. Vanderbilt Beach Commercial Tourist Subdistrict
(LXII) 16. Germain Immokalee Commercial Subdistrict
(LXIII) 17. Greenway—Tamiami Trail East Commercial Subdistrict
(LXIV) 18. Bay House Campus Commercial Subdistrict
(LXXXII) 19. Ivy Medical Center Subdistrict
* * * * * * * * * * * * * *
C. Urban —Commercial District
* * * * * * * * * * * * * *
2. Interchange Activity Center Subdistrict:
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. Interchange Activity Centers#4 (I-
Page 1
1 7A
75 at Immokalee Road) and #10 (1-75 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.
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 two (2)
parcels and one of the parcels being 3.4 acres will be permitted to utilize conventional zoning. The
remainder 0.26-acre parcel is excluded from Interchange Activity Center #9. 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 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.
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. Development located within the boundaries of an Interchange Activity
Center in all subdistrict may be permitted up to 25 units per gross acre per standards of the Mixed-
Income Housing Program for housing that is affordable as outlined in the LDC. 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, except as allowed by the
Mixed-Income Housing Program for housing that is affordable as outlined in the LDC. 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.
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 humanscale,
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. Development located within the boundaries of an
Interchange Activity Center in all subdistrict may be permitted up to twenty-five (25) units per gross
acre per standards of the mixed-Income Housing Program for housing that is affordable as outlined
in the LDC. 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
Proposed Text Amendment
Tollgate Housing Parcel GMPA
Page 2 of 4
1 7 A
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.
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-ofway of
the Interstate; d. Central water and sewage systems shall be required;
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.
2.a. Tollgate Housing Parcel
The Tollgate Housing Parcel comprises 5+/- acres on the east side of Collier Boulevard (C.R. 951),
north of Beck Boulevard with direct access to Tollgate Boulevard within Activity Center#9 in Section
35, Township 49, Range 26. In addition to the uses, densities, and intensities allowed in Activity
Center#9, the Tollgate Housing Parcel is intended to allow multi-family dwelling units to promote the
integration of housing in proximity to transit, employment centers, and public infrastructure, which
will serve to reduce existing trip lengths. The Tollgate Housing Parcel is identified in the Activity
Cener Subdistrict Map included as Part of the FLUM and Map Series for Activity Center#9, and is
Proposed Text Amendment
Tollgate Housing Parcel GMPA
Page 3 of 4
17A
within the existing Tollgate Commercial Center PUD. The Development of the Tollgate Housing
Parcel shall be governed by the following criteria:
a. Rezoning is required to be in the form of an amendment to the Tollgate Commercial Center
PUD.
b. Residential uses are allowed at a maximum density of 22 dwelling units per acre calculated
based upon the entire acreage of the Tollgate Housing Parcel, not to exceed 110 dwelling
units, and related amenities.
1) Thirty-three (33) units (collectively referred to as "Set Aside Units") shall be restricted
as follows:
a) 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.
b) 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.
2) There will be no income restrictions on the remaining units within the Tollgate Housing
Parcel identified on FLUE Activity Center Map #9. 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. 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.
3) 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.
4) As part of the annual PUD monitoring report, the developer will include an annual
report that provides the progress and monitoring of occupancy of the income
restricted units. For rent restricted units, rent rolls and rental data will be provided in
a format approved by Collier County Community and Human Services Division.
Developer agrees to annual on-site monitoring by the County.
c. All dwellings will be rental units.
d. The Density Rating System is not applicable to the Tollgate Housing Parcel.
Proposed Text Amendment
Tollgate Housing Parcel GMPA
Page 4 of 4
1 7A
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
11880 TAMARIND RIDGE DRIVE,
NAPLES, FLORIDA 3/119
(239) 353 1 167
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:
Tollgate Commercial Center PUD Words struck through are deleted;
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17A
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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17A
LIST OF EXHIBITS AND TABLES
EXHIBIT "A" PUD Master Plan
TABLE I Schedule of Development
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17A
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.
Tollgate Commercial Center PUD Words struck through are deleted;
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Last Revised: October 14, 2024 Page 4 of 31
1 7A
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
C^ o hg at the-southea corner-ef-rSeccien-3-5 h' ^rfr 19 Sou h, Range 26 East,
Collier County Florida; thence along the east line of said Section 35 North 1 ° 56' 55"
West 200.11 feet to a point on the north right of way line of State-Road 81 (Alligator
Alley); thence along said north right of way line, North 89° 15' 01" West 331.23 feet to
„t f into ct: f& i,a nert-1 ht f. a , lino f St + v 93 (I 75) ,a tt, v t
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° 15' 0 I" West 2398.66 feet;
2) South 89° 56' 16" West 1547.13 feet;
3) North 80° 13' 58" West 709.38 feet;
4) North 39° 52' 12" West 209.91 feet;
5) North 10° 24' 33" West 209.91 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 285.31 feet;
2) North 23° 37' 28" East 119.83 feet;
3) North 61° 12' 39" East 119.83 feet;
1) North 86° 37' 0 1" East 778.51 feet;
5) South 87° 55' 12" East 318.82 feet;
6) South 78° 11' 38" East 318.32 feet;
7) South 74° 09' 17" East 1199.30 feet;
8) South 73° 00' 33" East 1901.96 feet;
1 4 rad s of 116.2116 f subtonaed by a c ord which dears-South c 07"
o -zrr z uvtcrrac crrvr —v�—
East 223.67 feet to the nor,h r ght of wa- li e of S�tatte Road 84 (Alligator Alley); and the
Poii of Beginning e e paarcel kerein desc ed; being-a pca�t of soucrh V2, Section 35,
Tewn-ship-49 S range 26-East,Ceilier CounrtyF4 ":`d ect-te eatsements--and
restrictions of records; containing 69.40 acres of land more or less; bearings are based on
id.,
Florepament of .,Trnspert.,tio., « ght f'w,,y „, f r Star v ,1 93 (1 '75)
iiuu D�. rt
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ALSO INCLUDING THE FOLLOWING:
u>� , and part of Section
89° 15' 01" West, 337.83 feet along the North line of said Section 2 for a POINT OF
B€GINNI G th o no 02! 19II 59.98 eet hence-Se B ° r ca 11" W�
2,300.70 feet; thence on a course traversing from said Section 35, South 89° 56' 02" West,
7 +11 AT rt 8 5° 16' 16rr �I7 � 1.58 f o r II
zRek�Er—Ne#r�28�4— ,�
t o e C ut T no 7 r II + O 91 C no 52 7 + 209 n1 f vvu�i�T � earth-���4 r r
tL. o �2 II � II � � o r rz�c�nv�
thence South 80 13 g -r0 8-feet; thence Nor 89° 56 Tv 5-�,-Sq • ee
thence South 89° 45' 0I" East, 2,396.67 feet to the Southerly Existing Limited Access R/W
nno 02' 1 nrI > inn nn f t POIN r
i-r r-L-rv�-crrR1}Fe�C�n�iry o-� �zx r9l vv•
-v� eetOZrx� rr
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.
Tollgate Commercial Center PUD Words struck through are deleted;
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17A
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 101
room motel.
D. ADJACENT LAND USE: The adjacent lands arc predominately vacant at the
presenure-neMwyems-and--southwest cornersof-Gf?,,--9-5, ,a Sn 8n
pfesently , ed . „line st.,tions
The properties north of the I 75 right of way and the properties south of CR 81 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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Last Revised: October 14, 2024 Page 8 of 31
17A
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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1 7A
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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17A
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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Last Revised: October 14, 2024 Page 11 of 31
17A
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:
Income Limit by Number Rent Limit by Number of
2024 of People in Unit Bedrooms in Unit
Collier Percentage Category 1 2 0 1 2
County 30% Extremely Low $21,930 $25,050 $548 $587 $704
Median 50% Very Low $36,550 $41,750 $913 $978 $1,173
Household 60% n/a $43,860 $50,100 $1,096 $1,174 $1,408
Income 80% Low $58,480 $66,800 _ $1,462 $1,566 $1,878
$104,300 120% 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 Sheriffs 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 '/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 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 '/2 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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