Ordinance 2024-47 ORDINANCE NO. 2024- 47
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, LL.0 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 tiling with the Department of State and on
the date that the Growth Management Plan Amendment in Ordinance No. 2024-46 becomes
effective.
(24-CPS-02446/1862436/1]39 1 of 2
Tollgate Commercial Center—PL20230(N)7874
10/15/24
PASSED AND DULY ADOPTED by su r-majority vote of the Board of County
Commissioners of Collier County, Florida, this J , day of MO , 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
.gR14' Tc L K. KINZEL, CLERK COLLIER C UNTY, FLORIDA
I
- " Deputy Clerk 's all, Chairman
Attest as to Chairman's
,�1 Y'lt•t� ifa.
signature only .i
This orrid
Secretorydino of Sctoteicefite's 'Officewith ttheeat
Approved as to form and legality: �4 day of liQlly 2p2
and acknowtedgernent or that
filingc� received this 1�{' day,
A �, �-- of Nniembe.(..2-12? .6/1
;'td
H i i Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A - PUD Document and Master Plan
[24-CPS-024{6/1862436/1139 2 of 2
Tollgate Commercial Center—PL20230007874
10/15/24
EXHIBIT A
PLANNED UNIT DEVELOPMENT
TOLLGATE COMMERCIAL CENTER
PREPARED BY:
RICHARD D. YOVANOVICH
COLEMAN, YOVANOVICH & KOESTER, P.A.
4001 TAMIAMI TRAIL NORTH, SUTIE 300
NAPLES, FLORIDA 34103
(239) 435-3535
And
ROBERT L. DUANE
ROBERT L. DUANE & ASSOCIATES, A.I.C.P
4880 TAMARIND RIDGE DRIVE,
NAPLES, FLORIDA 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:
Tollgate Commercial Center PUD Words struck through are deleted;
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TABLE OF CONTENTS
PAGE(S)
LIST OF EXHIBITS AND TABLE 3
STATEMENT OF COMPLIANCE 4
SECTION I PROPERTY OWNERSHIP & DESCRIPTION 5 - 9
SECTION II PROJECT DEVELOPMENT REQUIREMENTS 10 - 12
SECTION III COMMERCIAL AREAS PLAN FOR PARCEL "A" 13 — 18
13 17
SECTION IV COMMERCIAL/LIGHT INDUSTRIAL AREAS 19 - 23
FOR PARCEL "B" 18 22
SECTION V GENERAL DEVELOPMENT COMMITMENTS 24—28
23 27
SECTION VI DEVIATIONS 29
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LIST OF EXHIBITS AND TABLES
EXHIBIT"A" PUD Master Plan
TABLE I Schedule of Development
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STATEMENT OF COMPLIANCE
The development of approximately 100.23 acres of property in Collier County and within an
Interchange Activity Center, as a Planned Unit Development to be known as Tollgate Commercial
Center, will be in compliance with the planning goals and objectives of Collier County as set forth
in the Growth Management Plan and its provisions for Interchange Activity Center development.
This compliance includes:
Activity Center Project
1. The subject property is located in an area identified as an Interchange Activity Center in
the Future Land Use Element(FLUE) of the Growth management Plan for Collier County.
2. Interstate Activity Centers are the preferred locations for the concentration of commercial
and mixed use development activities.
3. The subject tract is located on the northeast corner of the intersection of CR-951 and CR-
84. This strategic location allows the site superior access for the placement of
commercial/industrial activities.
4. The project is in compliance with all applicable County regulations. In addition,the project
complies with the Growth Management Plan with the adoption of the Plan amendment
which allows for specifically approved heavy business/light industrial uses, residential
uses,and mixed-use developments to be developed in designated interstate activity centers.
5. The project will be served by a complete range of services and utilities as approved by the
County.
6. The project is compatible with adjacent land uses through the internal arrangement of
structures, the placement of land use buffers and the proposed development standards
contained herein.
7. The Planned Unit Development includes open spaces and naturalized open features which
serve as project amenities.
8. The project shall be developed in accordance with the approved Master Development Plan
and the existing PUD document as approved. In addition, the project shall be developed in
accordance with all Collier County regulations in effect at the time of Final SDP or building
permit application.
9. Bind the owner's successor in title to any commitments made under in this document.
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SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name of Tollgate Commercial Center.
1.2 l EGAL DESCRIPTION
Commencing at the southeast corner of Section 35, Township 49 South, Range 26 East,
C i`T Fle ida -then errlong—the east 1inle a1 5ec io 3 oI —� °
•
Alley); thence along said north right of way line, North 89° 45' 01" West 331.23 feet to
•
of State Ro d 8 (All' nit t f 11 r •
1) North 89° 45' 0 I" West 2398.66 feet;
2) South 89° 56' 16" West 1517.13 feet;
3) North 80° 43' 58" West 709.38 feet;
4) North 39° 52' 12" 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);
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 64° 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;
S) South 73° 00' 33" East 1901.96 feet;
9) southeasterly 233.67 feet along the arc of a circular curve concave to the northeast,
having a radius of 1 16.21 16 feet, subtended by a chord which bears South 75° 35' 07"
Po •
int of Beginn1nE 4 th erein escr�vC�•
• -Section 3i5,
Township 19 South, Range 26 East, Collier County, Florida; subject to easements and
Florida Department of Transportation right of way map for State Road 93 (1 75).
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ALSO INCL ► DING THE FOLLOWING:
•
2, Township 50 South, Range 26 East, Collier County, for da
COMMENCE at an iron pipe marking the Northeast Corner of said Section 2;thence North
89° 45' 01" West, 337.83 feet along the North line of said Section 2 for a POINT OF
BEGINNING; thence South 00° 02' 19" East, 59.98 feet; thence South 89° 57' 11" West,
O It
2,118.74 feet; thence North 15° 46' 16" West, 71.58 feet; thence North 01° 28' 34" West,
705.25 feet to the Easterly Limited Access R/W Line of S.R. 951 (Section 03175 2109);
., • o
zcr�rzvT�-� ('2�n�c''f '� L' '�nLvi-7-1- e£
thence Soutk 8�° 43" 58" € s 709 �,R •
�thenceNo h 89 p° 56' 16" ;mot, 1,547. •
134e
o I
• O 1
OF BEGINNING.
Less and except the-E-ast 100.00 feet thereof.
C ,t 3n 83c • i
"��� o��-ucnz-rrrorc'vr-tc�'.r
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
2017 is Toll Gate Naples LLC, and Sky Angel
Center LLC.
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1.43 GENERAL DESCRIPTION OF PROPERTY AREA
A. COMPREHENSIVE PLAN DESIGNATION: The project site is designated
Interstate Interchange Activity Center on the Collier County Growth Management
Plan.
B. CURRENT ZONING: The project site is currently zoned PUD.
C. EXISTING LAND USE: At the present time the site is unoccupied except for a 10'1
room motel.
D. ADJACENT LAND USE: The adjacent lands are predominately vacant at the
pry ently . a l
•
r � b vc�czrcivrrr
vacant.
1.54 PHYSICAL DESCRIPTION
The elevation of the project site varies from 9.8 feet to 11.6 feet. Tollgate Commercial
Center lies within Zone X as identified on the Federal Flood Insurance Rate Map. Zone X
is identified as those areas between limits of the 100-year flood and 500-year flood. This
means that no development will be occurring within the 100-year flood prone area.
A. SOILS: There are three types of soil cover on the project site. They are Arzell fine
sands, Keri fine sands and Pompano fine sands. The distribution of these soil types
is shown in Map E.
B. VEGETATIVE COVER: A breakdown of the vegetative cover of the project area
is as follows:
VEGETATION COMMUNITY ACREAGE
Pineland 1.00
Saw Palmetto/Rusty Lyonia 4.21
Transitional Zone/Cypress 29.40
Functional Wetland 9.40
Cabbage Palm Heads .30
Improved/Platted 30.67
Cleared/Filled Unplatted Former R/W 21.66
F.P.L. R/W 3.60
TOTAL 100.24
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There are no unique features of the vegetation. All species and associations are
"typical" for soil types common to pine flatwoods of level sandy areas of Collier
County.
C. WILDLIFE: Wildlife, observed or noted from tracks, nests, etc. consisted of the
representative species, such as raccoon, snakes and wading birds, which normally
occur in a habitat such as the Tollgate Commercial Center site.
No endangered or threatened species were observed on the site.
D. HISTORICAL OR ARCHAEOLOGICAL SITES: John Beriault, Field
Representative of the S.W. Florida Archaeological Society, searched for such sites
and believes none exist on the tract.
E. WASTEWATER MANAGEMENT: Waste water treatment is being provided by
the Collier County Sewage Treatment System. Temporary on-site wastewater
treatment facilities for which all necessary permits have been granted may be
installed during any period of time in which sewage treatment service is not
available from Collier County.
F. WATER MANAGEMENT: The Water Management Plan provides for site runoff
transport to a system of hardwood forest, marsh, and open water ponds. The Water
Management Plan is designed to meet SFWMD and County criteria.
Minimum road elevations and discharge control will be designed for the 25-year,
3-day rainfall event. The finished floor elevations will be established by the 100
year-zero discharge design event.
G. WATER SUPPLY: Potable water is being supplied by the Collier County Water-
Sewer District.
Non-potable water utilized for landscape irrigation and other non-human
consumptive uses will be procured from on-site wells, or from the County treated
sewage effluent distribution system.
H. SOLID WASTE: Solid waste is being disposed of at the Collier County Sanitary
Landfill. Collection is provided by Waste Management of Collier County, a
franchised hauler.
I. ELECTRICITY: Electricity is being provided by the Florida Power & Light
Company, Inc.
J. POLICE PROTECTION: Police protection is provided by the Collier County
Sheriff Department.
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K. FIRE PROTECTION: Fire protection is provided by the Golden Gate Fire Control
and Rescue District.
L. TELEPHONE: Telephone service is provided by United Telephone of Florida.
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally described the project plan of
development,relationships to applicable County ordinances,the respective land uses of the
tracts included in the project, as well as other project relationships.
2.2 GENERAL
A. Regulations, requirements and references for development of Tollgate Commercial
Center shall be in accordance with the contents of this document. Where these
regulations fail to provide development standards, then the provisions of the most
similar district in the Collier County Land Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in Collier County Land Development Code.
C. All conditions imposed and all graphic material presented depicting restrictions for
the development of Tollgate Commercial Center shall become part of the
regulations which govern the manner in which the PUD site may be developed.
D. Unless specifically waived through variance or waiver provisions within the PUD,
those applicable regulations not otherwise provided for in this PUD remain in full
force and effect.
E. Each tract, as identified on the Master Plan, shall require the submittal, review and
subsequent approval of a Site Development Plan prior to the issuance of a Final
Local Development Order.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan is illustrated graphically by Exhibit "A", PUD Master
Development Plan.
SCHEDULE OF DEVELOPMENT
Project development is underway and will continue to build-out.
The following schedule indicates the anticipated start and completion dates for the
various project development Phases. Phase boundaries are indicated on the Master
Development Plan.
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TABLE I
% OF
PHASE ACREAGE SITE START COMPLETE
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 Hat, 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 o_f Peo.le in Unit Bedrooms in Unit
Collier Percentage Category 1 2 0 1 2
County 30°/a Extremely Low $21 930 25,050 $548 ',587 704_
Median 50% Very Low $36,550 $41,750 $913 $978 Ire,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 ofproviding 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
(I) Minimum Lot Area: Ten thousand (10,000) square feet.
(2) Minimum Lot Width: One hundred (100) feet as measured at the front building
setback line.
(3) Minimum Yard Requirements:
(a) Front Yard-Twenty-five (25) feet plus one (1) foot for each two (2) feet of
building height over fifty (50) feet.
(b) Side Yard - None or a minimum of five (5) feet with unobstructed passage
from front to rear yard for non-residential uses. Fifteen (15) feet for motels,
hotels, 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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Last Revised: October 14, 2024 Page 18 of 31
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:
(I) 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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Last Revised: October 14, 2024 Page 28 of 31
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 1/2 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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Last Revised: October 14, 2024 Page 30 of 31
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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Last Revised: October 14, 2024 Page 31 of 31
EXHIBIT A
MASTER
DEVELOPMENT PLAN
TOLLGATE
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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. 2024-47, 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