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Ordinance 2025-11ORDINANCE NO. 2025 -11 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE,WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT WITHIN THE RURAL FRINGE MIXED-USE DISTRICT-RECEIVING LANDS (RFMUD-RECEIVING) ZONING OVERLAY AND PARTLY WITHIN THE AIRPORT ZONING OVERLAY TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT WITHIN THE RURAL FRINGE MIXED-USE DISTRICT- RECEIVING LANDS (RFMUD-RECEIVING) ZONING OVERLAY AND PARTLY WITHIN THE AIRPORT ZONING OVERLAY TO BE KNOWN AS TAMIAMI 58-ACRE MPUD, TO ALLOW CONSTRUCTION OF UP TO 400 DWELLING UNITS WITH AFFORDABLE HOUSING, UP TO 100,000 GROSS SQUARE FEET OF COMMERCIAL AND LIGHT INDUSTRIAL USES, AND UP TO AN ADDITIONAL 80,000 GROSS SQUARE FEET OF MINI-WAREHOUSE USE, ON PROPERTY LOCATED NORTH OF TAMIAMI TRAIL EAST, APPROXIMATELY 1,000 FEET WEST OF THE INTERSECTION OF TAMIAMI TRAIL EAST AND RECYCLING WAY, IN SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, IN COLLIER COUNTY, FLORIDA, CONSISTING OF 58.22± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. PL20230007470] WHEREAS, Alexis Crespo, AICP, Vice President of Planning for RVi Planning + Landscape Architecture, Inc., and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., representing Tamiami Trail East Acreage, LLC, petitioned the Board of County Commissioners of Collier County, Florida, to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: The zoning classification of the herein described real property located in Section 18, Township 51 South, Range 27 East, Collier County, Florida, is changed from Rural Agricultural 23-CPS-02430/1911145/1] 134 Tamiami 58-Acre MPUD Page 1 of 2 PL20230007470—3/13/2025 CAO A) Zoning District within the Rural Fringe Mixed-Use District-Receiving Lands (RFMUD- Receiving) Zoning Overlay and partly within the Airport Zoning Overlay, to a Mixed Use Planned Unit Development (MPUD) within the Rural Fringe Mixed-Use District-Receiving Lands (RFMUD-Receiving) Zoning Overlay and partly within the Airport Zoning Overlay, for a 58.22± acre project to be known as Tamiami 58-Acre MPUD, to allow construction of up to 400 dwelling units with affordable housing, up to 100,000 gross square feet of commercial and light industrial uses, and an additional 80,000 gross square feet of mini-warehouse use, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: 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. 2025- +2 becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this 25th day of March 2025. ATTEST: . . or'i „ BOARD OF COUNTY COMMISSIONERS CRYSTAL,,.KEN ?-CLERK COLLIER COUNTY, FLORIDA ipP ' ji ' ... -,,,'B Y: 4111- ii BY Attest as tiro.-.irmahs`":, Dteputy Clerk Burt L. Saunders, Chairman signatuffiv,p y....... ;qy a y '" Attachments: A pro ed as to form and legality: Exhibit A: List of Permitted Uses Exhibit B: Development Standards 1,10P D Exhibit C: Master Concept Plan Exhibit D: Legal Description Derek D. Perry 9 Exhibit E: Deviations Assistant County Attorney 47 Exhibit E-1: Right-of-Way Cross Section j Exhibit F: Development Commitments Thts ordinonce filed with the Se rill coy of State' Office h day of ill' and acknowie ge.men ri that 23-CPS-02430/1911145/1] 134 film, ;ece'ved this _day Tamiami 58-Acre MPUD Page 2 of 2 of PL20230007470—3/13/2025 y ter, 0 EXHIBIT "A" LIST OF PERMITTED USES Tamiami 58-Acre MPUD Regulations for development of this PUD shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMD), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the Site Development Plan (SDP) or subdivision plat (PPL). Where the PUD ordinance does not provide development standards, then the provision of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: A maximum of 400 dwelling units (subject to Exhibit "F", Section 8) and maximum of 100,000 gross square feet of commercial and light industrial uses are allowed in the MPUD subject to a maximum of 382 two-way PM peak hour net external trips. If a mini-warehouse is developed, a maximum of 80,000 gross SF of additional mini-warehouse may be proposed (i.e. total of 180,000 gross SF of non-residential building area), subject to not exceeding the trip cap of 382 two-way PM peak hour net external trips. A minimum of 50,000 gross SF of non-residential uses will be constructed, not including hotel or mini-warehouse square footage. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: I.RESIDENTIAL (R) A. Principal Uses (Subject to Exhibit "F", Section 8, Affordable Housing): 1. Single-family detached dwelling units. 2. Single-family attached dwelling units. 3. Townhouses. 4. Multi-family dwelling units. B. Accessory Uses: Accessory uses customarily associated with Permitted Principal Uses, including but not limited to: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Temporary sales trailers and model units. 3. Essential services, including but not limited to interim and permanent utility and maintenance facilities. 4. Water management facilities. 5. Walls, berms and signs. 6. Passive open space uses and structures, including, but not limited to landscaped areas, gazebos, park benches, and walking trails. 7. Recreational uses and facilities for residents and guests, including but not limited to: swimming pools, tennis courts, volleyball courts, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. Any other principal use or accessory use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, or Hearing Examiner, pursuant to the process outlined in the Land Development Code (LDC). Tamiami 58-Acre MPUD Last Revised: February 25,2025 Page 1 of 19 f"` II.RESIDENTIAL/NON-RESIDENTIAL (RES/NON-RES) A. Principal Uses: 1. Residential Uses (Subject to Exhibit "F", Section 8, Affordable Housing) a. Townhouses. b. Multi-family dwelling units. 2. Non-Residential Uses Commercial Professional and General Office Uses a. Adult day care centers (8322) - Subject to restrictions provided in LDC Section 2.03.04.A.1.c.1). b. Barber shops (7241). c. Beauty shops or salons (7231). d. Child daycare services (8351) - Subject to restrictions provided in LDC Section 2.03.04.A.1.c.2. e. Essential services - Subject to Section 2.01.03. f. Insurance carriers, agents, brokers, and service, including Title insurance (6361- 6399 and 6411). g. Legal services (8111). h. Security/commodity brokers (6211). i. Travel agencies (4724, no other transportation services). Commercial Convenience Uses a. United States Postal services (4311, except major distribution center) Commercial Intermediate Uses a. Amusement and recreation services, indoor (7999 martial arts, yoga instruction, gymnastic schools, and recreation involving physical fitness exercise only). b. Animal specialty services, except veterinary (0752, excluding outside kenneling). c. Apparel and accessory stores (5611 — 5699) with 5,000 SF or less of gross floor area. d. Auto and home supply stores (5531) with 5,000 SF or less of gross floor area. e. Business associations (8611). f. Drug stores (5912, limited to drug stores and pharmacies) in conjunction with health services group and medical laboratories/research/rehabilitative groups. g. Eating places (5812) with 6,000 SF or less of gross floor area (all establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of section 5.05.01.) h. Food stores (5411 — 5499, except poultry dealers) with 5,000 SF or less of gross floor area. i. General merchandise stores (5331 — 5399, except salvage stores and surplus stores, with 5,000 SF or less of gross floor area). j. Health services, offices and clinics (8011- 8049, 8071, 8092, 8099, except for blood banks, blood donor stations, plasmapheresis centers and sperm banks) k. Home furniture and furnishings stores (5713- 5719) with 5, 000 square feet or less of gross floor area Tamiami 58-Acre MPUD Last Revised: February 25,2025 Page2of19 n O I. Household appliance stores (5722) with 5, 000 square feet or less of gross floor area. m.Laundries, family and commercial (7211). n. Membership organizations (8611, 8631). o. Musical instrument stores (5736) with 5,000 SF or less of gross floor area. p. Paint stores (5231) with 5,000 SF or less of gross floor area. q. Personal supply services (7361 and 7363). r. Physical fitness facilities (7911 except Discotheques). s. Political organizations (8651). t. Radio, television and consumer electronics stores (5731) with 5, 000 square feet or less of gross floor area. u. Repair services—miscellaneous (7629-7361, 7699-bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). v. Retail services - miscellaneous (5921- 5963 except pawnshops and building materials, 5992- 5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths) with 5, 000 square feet or less of gross floor area. w. Space research and technology (9661). General Commercial Uses a. Motor freight transportation and warehousing (4225 - mini- and self- storage only) subject to the following criteria: i. The use of metal roll-up garage doors located on the exterior of the perimeter buildings and walls of buildings which are visible from a public right-of-way is prohibited; and ii. Access to individual units whether direct or indirect must be from the side of a building that is oriented internally; iii. No building shall exceed 100 feet in length when its outer walls are located within 50' or less to a residential tract within, or adjacent to, this MPUD; iv. No outdoor storage of any kind is permitted; and v. Storage units shall be utilized for storage purposes only. vi. Mini- and self-storage uses are limited to the eastern portion of the Residential/Non-Residential Tract, as depicted on the PUD Master Plan, and must be setback a minimum of 150 feet from the Tamiami Trail right- of-way. b. Real estate (6512, 6531-6552), office only. Heavy Commercial Uses a. Building construction (1521-1542) indoor only, with no outside display, and no storage of materials or equipment. b. Hotels and motels (7011). c. Welding repair (7692) indoor only, with no display, and no outside storage of materials or heavy equipment. Light Industrial Uses a. Miscellaneous repair services (7622-7699) indoor only, with no retail sales, and no outdoor display or-storage, subject to Exhibit "F", Section 6.B. Tamiami 58-Acre MPUD Last Revised: February 25, 2025 Page 3 of 19 O b. Construction: Special trade contractors (1711-1799) indoor only, with no outside display, and no storage of materials or equipment. c. Heavy construction (1611 (highway and street construction), 1622 (bridge, tunnel, and elevated highway construction), 1623 (water, sewer, pipeline, and comm/power line construction only). For all uses, indoor only and with no outside storage of materials or equipment, subject to Exhibit "F", Section 6.B. Economic Development Uses a. Apparel and other finished products (2311-2398). b. Business services (7311-7313, 7319, 7334-7336, 7342-7389 including auction rooms (5999). c. Communications (4812-4899), excluding communication towers. d. Drugs and medicines (2833-2835). e. Depository and non-depository institutions (6011-6163). f. Electronic and other electrical equipment manufacturing (3612-3699). g. Engineering, accounting, research, management and related services (8711- 8748). h. Furniture and fixtures manufacturing (2511-2599). i. Industrial and commercial machinery and computer equipment (3511-3599). 3511-3519 & 3593-3599) j. Job training and vocational rehabilitation services (8331). k. Leather and leather products (3131-3198). I. Local and suburban transit (4111 —4173). m. Lumber and wood products (2421, 2426, 2429, 2431-2499). n. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks manufacturing (3812-3873). o. Medical laboratories and research and rehabilitative centers (8071, 8072, 8092, 8093). p. Miscellaneous manufacturing industries (3911-3999) indoor only, with no outside storage of materials or equipment. q. Miscellaneous Services (8999). r. Motion picture production (7812-7819). s. Motor freight transportation and warehousing (4212, 4213-4224, 4226 except oil and gas storage, and petroleum and chemical bulk stations). t. Perfumes, cosmetics, and other toilet preparations (2844). u. Printing, and allied industries (2711-2796). v. Rubber and miscellaneous plastics products (3021-3089), indoor only, with no outside storage of materials or equipment. w. Soap: granulated, liquid, cake, flake, and chip (2841). x. Stone, clay, glass, and concrete products (3211, 3221, 3229, 3231, 3251, 3253, 3255-3273, 3275, 3281, indoor only, with no outside storage of materials or equipment. y. Textile mill products (2211-2221; 2231; 2241-2259; 2261-2269; 2273-2289; 2295-2298. z. Transportation equipment (3714, 3716, 3731, 3732, 3751, 3792, 3799). aa. Transportation services (4724 (travel agencies); 4725 (tour operators); 4729 arrangement of passenger transportation); 4731 (arrange transportation of freight and cargo); 4783 (packing and crating); —4789 except stockyards Transportation services not elsewhere classified —furnishing transportation and services). For all uses, no outside storage of materials or equipment, and no mass-transit vehicles on site. bb. Vocational schools (8243-8249). Tamiami 58-Acre MPUD Last Revised: February 25,2025 Page 4 of 19 44r) 0 cc. Wholesale trade durable goods (5012-5014; 5015; 5021-5049; 5063 — 5092; 5094 wholesale distribution of jewelry, etc.; 5099. For all uses, indoor only and with no outside storage of materials and heavy equipment). dd. Wholesale trade nondurable goods (5111-5159; 5181; 5182; 5191) Miscellaneous a. Educational services (8221-8299). b. Government offices/buildings (9111—(9199); 9211, 9221, 9222, 9224-9229, 9311, 9411-9451, 9511-9532, 9611-9661). c. Paper and allied products 2621, 2631 - 2678). d. Personal services (7215, 7216 (non-industrial drycleaning only), 7217, 7218 Industrial Launderers — not listed), 7219 (Laundry and garment services), 7221 photo studio) —7231 (Beauty shops, except beauty schools ). e. Professional offices; real estate (6541, 6552, 6553; holding and other investment offices (6712-6799); attorneys (8111). B. Accessory Uses: Accessory uses customarily associated with Permitted Principal Uses, including but not limited to: 1. Caretaker's residence, subject to restrictions provided in LDC Section 5.03.05. 2. Display areas as accessory to the principal use, not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use and subject to retail standards for landscaping, parking and open space. 3. Temporary sales trailers and model units. 4. Essential services, including but not limited to interim and permanent utility and maintenance facilities. 5. Water management facilities. 6. Walls, berms and signs. 7. Passive open space uses and structures, including, but not limited to landscaped areas, gazebos, park benches, and walking trails. Any other principal use or accessory use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, or Hearing Examiner, pursuant to the process outlined in the Land Development Code (LDC) and consistent with the Tamiami Trail Mixed Use Subdistrict of the Growth Management Plan. Tamiami 58-Acre MPUD Last Revised: February 25, 2025 Page 5 of 19 EXHIBIT "B" DEVELOPMENT STANDARDS Tamiami 58-Acre MPUD The standards for land uses within the development shall be as stated in these development standard tables. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or PPL. TABLE I RESIDENTIAL DEVELOPMENT STANDARDS(') PERMITTED Single-Family Single Townhouse Multi-Family Clubhouse/ USES AND Detached Family Recreation STANDARDS Attached Buildings Min. Lot Area 3,600 SF 2,430 SF 1,620 SF 10,000 SF N/A Min. Lot Width 40' 27' 18' 100' N/A Min. Lot Depth 90' 90' 90' 100' N/A SETBACKS Front Yard(2) 15'(3") 15'(3)(4) 15'(3"(4) 15' 15' Side Yard(5) 5' 075' 075' 10' 10' Rear Yard 7.5' 7.5'7.5' 10'(5) 10' Principal)(5&6) Rear Yard 5' 5' 5' 5' 5' Accessory)(5&6) 25' 25' 25' 25' 25' Preserveg> 20' 20' 20' 20' 20' Laken Min. Distance 10' for 1 & 2- Between story buildings Principal Structures 10' 10' 10' 1/ 2 Building 10' Height for 3- story buildings or higher Maximum Height Actual 45' 45' 45' 55' 45' Zoned 40' 40' 40' 50' 40' 1) Standards apply to residential structures and buildings in both Residential (R) and Residential/Non-Residential (RES/NON-RES) tracts. 2) Front setback is measured from building to right-of-way, road easement line or in the case of multi-family dwelling types the edge of pavement of the drive aisle. Front setback for multi- family dwelling types shall be a minimum of 10 feet where measured from parking stall. Tamiami 58-Acre MPUD Last Revised: February 25,2025 Page 6 of 19 3) Front-loading/front-entry garages shall be setback a minimum of 23' from the back of sidewalk. Units with side-loaded garages shall have a minimum 10' setback from the private right- of-way or road easement line. 4) Corner lots shall provide one (1) front yard setback within the yard that contains the driveway/vehicular access to the dwelling unit. The secondary front yard that does not contain the driveway/vehicular access to the dwelling unit shall provide a minimum 10-foot setback measured from the right-of-way, and will have no overhang into the utility easement if there are any buildings adjacent to that secondary front yard setback. 5) 0' principal and accessory setbacks are permitted from lake maintenance easements and landscape buffer easements (LBEs), except for LBE's adjacent to internal Residential/Non- Residential tracts where residential structures (principal and accessory) shall be set back a minimum of 5 feet from the LBE. 6) There shall be no setback restrictions to the installation of fencing to create private yards between principal structures. 7) Lake and Preserve setbacks are applicable to principal and accessory structures. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Landscape buffers and lake maintenance easements shall be platted as separate tracts at time of subdivision plat approval, or labeled as separate tracts on the SDP. Guardhouses, gatehouses, access control structures, clock towers, columns, decorative hardscaping or architectural embellishments associated with the project's entrance are permitted and shall have no required internal setbacks; however, such structures cannot be located where they create sight distance issues for motorists and pedestrians and cannot exceed 35 feet in actual height. Note: Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in Exhibit "E", Deviations. Tamiami 58-Acre MPUD Last Revised: February 25, 2025 Page 7 of 19 OVD TABLE II NON-RESIDENTIAL DEVELOPMENT STANDARDS PERMITTED USES Principal Accessory Uses AND STANDARDS Min. Lot Area 10,000 SF N/A Min. Lot Width 100' N/A SETBACKS From US-41 ROW 50'(3) SPS Front Yard 50`(2) SPS(2) Side Yard(1) 5' 075' Rear Yard 7.5' 7.5' Principal)(1) Rear Yard 5' Accessory)(') Preserve 25' 10' Min. Distance Between Principal 10' or '/z sum of building 10' Structures heights, whichever is greater Maximum Height Actual 55'/609)45' Zoned 50'/559>40' 1) 0' principal and accessory setbacks are permitted from lake maintenance easements and landscape buffer easements, which will be separate platted or labeled tracts on the PPL/SDP. 2) Corner lots shall provide one (1) front yard setback within the yard that contains the driveway/vehicular access to the principal, building. The secondary front yard that does not contain the driveway/vehicular access to the principal shall provide a minimum 10-foot setback measured from the right-of-way, and will have no overhang into the utility easement if there are any buildings adjacent to that secondary front yard setback. 3) Mini- and self-storage warehousing and hotel buildings shall be allowed a maximum actual height of 60 feet and a maximum zoned height of 55 feet and shall be setback a minimum of 150 feet from the US 41 right-of-way. Tamiami 58-Acre MPUD Last Revised: February 25, 2025 Page 8of19 V! 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O WEB W WW ME-, U) c xp440-420.100 wfx , wAZxodw ,-, W W E-iMP. d dEf d d a - Z Ems : a0EA A H O ,4 cj 77 d+ 6 1 Z s EXHIBIT "D" LEGAL DESCRIPTION Tamiami 58-Acre MPUD Parcel One: THE NORTH 663 FEET OF THE E 1/2 OF THE W 1/2 OF THE E 1/2 LYING NORTH AND EAST OF U.S. 41, IN SECTION 18, TOWNSHIP 51 (SOUTH), RANGE 27 EAST, COLLIER COUNTY, FLORIDA. Parcel Two: THE SOUTH 464 FEET OF THE NORTH 1127 FEET OF THE EAST 1/2 OF THE WEST 1/2 OF THE EAST 1/2 LYING NORTH AND EAST OF U.S. 41, SECTION 18, TOWNSHIP 51 (SOUTH), RANGE 27 EAST, COLLIER COUNTY, FLORIDA. Parcel Three: THE WEST 250 FEET OF THE SOUTH 1471 FEET OF THE EAST 1/2 OF THE WEST 1/2 OF THE EAST 1/2 LYING NORTH AND EAST OF U.S. 41, SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. Parcel Four: THE EAST 1/2 OF THE WEST 1/2 OF THE EAST 1/2 LYING NORTH AND EAST OF U.S. 41 IN SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 250 FEET OF THE SOUTH 1471 FEET AND LESS THE SOUTH 464 FEET OF THE NORTH 1127 FEET AND LESS THE LAND DESCRIBED IN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 3761, PAGE 1977, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Parcel Five: THE WEST 2/3 OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE WEST 1/2 OF THE WEST 1/2 OF THE EAST 1/2 OF THE EAST 1/2, SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, LYING NORTH OF THE TAMIAMI TRAIL (STATE ROAD 90) (U.S. HIGHWAY NO. 41) PARCELS CONTAINS 58.22 ACRES, MORE OR LESS. Tamiami 58-Acre MPUD Last Revised: February 25, 2025 Page 11 of 19 EXHIBIT "E" LIST OF REQUESTED DEVIATIONS FROM LDC Tamiami 58-Acre MPUD Deviation 1: Deviation from LDC Section 6.06.01.N which establishes the minimum right-of- way width of 60 feet to be utilized, to instead allow for a 50-foot internal private right-of-way as shown in Exhibit E-1. Alternative roadway design standards for affordable housing in accordance with LDC Section 4.02.39.B.3. may be incorporated into the 50-foot right-of-way throughout the entirety of the MPUD. Tamiami 58-Acre MPUD Last Revised: February 25,2025 Page12of19 EXHIBIT "E-1" RIGHT-OF-WAY CROSS SECTION Tamiami 58-Acre MPUD 7.1 cl t-7.,r,:4 t'l te=1 2-i c2 J 0 '2 cr., tiri i-i, n pi5n ,..... r f,i 0 y ›• 0-3 ,L74Z ra d • 0 — 8 eLi clf) Pj r4 Z t•?.CI \' ',S l- 11 0 1 0 tt - rrl 1 • Z 1 0 u t-.4 ()Al n g cn I, m •........._ 0 rx:0 ,-3 1 Cts) ,.< 1 A .5 e\) 0 t---• z,.t ,—.0 , i v.. r'11- 0 p< E ›tZ , , taP4 T'o° I-1cl:,.0 ra tt -, c NIPtri 1'2 „----- .---, t-4, r4 . 1-:--; td el < . iik-) 72: c) PzJ g.. w .+. , I '___, 11 1..... . 3 0 tml ' t" \ 04 tri 12 8 F]or .2 i lioi 4 cf3 3 r:r8i Ic=.1 H i-i Tamiami 58-Acre MPUD Last Revised: February 25, 2025 Page 13 of 19 0 U EXHIBIT "F" DEVELOPMENT COMMITMENTS Tamiami 58-Acre MPUD 1. GENERAL A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Tamiami Trail East Acreage, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. B. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. C. All other applicable state or federal permits must be obtained before commencement of the development. 2. TRANSPORTATION A. The maximum total daily trip generation for the PUD shall not exceed 382 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or PPL approval. 3. ENVIRONMENTAL A. The subject site contained approximately 24.82 acres of native vegetation, of which 6.90 acres is required to be preserved. The subject site shall provide 43% (10.94 acres) of native preservation. The native preservation requirement will be satisfied on-site in accordance with the Land Development Code. Any replanting of native vegetation to meet preserve standards shall comply with all requirements set forth in the LDC Section 3.05.07.H. B. Preserves may be used to satisfy the landscape buffer requirements after exotic removal in accordance with LDC Sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC Section 3.05.07. In order to meet the requirements of a 10-foot-wide Type 'A' buffer along the northern and eastern boundaries of the MPUD; a 6-foot-wide landscape buffer reservation located outside of the preserve will be conveyed by owner to a homeowner's Tamiami 58-Acre MPUD Last Revised: February 25,2025 Page 14 of 19 O V association or condominium association at time of Site Development Plan (SDP) or plat approval. In the event that the preserve does not meet buffer requirements after removal of exotics and supplemental planting within the preserve, plantings will be provided in the 6' wide reservation to meet the buffer requirements. The type, size, and number of such plantings, if necessary, will be determined at time of initial SDP or plat and included on the landscape plans for the SDP or plat. C. The Owner shall adhere to the Florida Fish and Wildlife Conservation Commission Black Bear Management Plan, as applicable. The informational brochure created by the Florida Fish and Wildlife Conservation Commission (FWCC) and titled "A Guide to Living in Bear County" will be distributed to all property owners and construction/maintenance personnel. Residents and property owners will be provided with information on how to secure their garbage containers to discourage bears from foraging in trash receptacles and the project will utilize bear-proof dumpsters in locations to be determined at the time of SDP approval. The owner will record a restrictive covenant in the public records of Collier County identifying this commitment. D. Prior to issuance of the first SDP and/or PPL, a listed species management plan is required for the management of the Bald eagle (Haliaeetus leucocephalus), the Florida panther(Puma concolor coryi), Black bear(Ursus americanus floridanus), and all other listed species. 4. UTILITIES A. At the time of application for subdivision Plans and Plat(PPL) and/or Site Development Plan (SDP) approval, as the case may be, offsite improvements and/or upgrades to the wastewater collection/transmission system may be required to adequately handle the total estimated peak hour flow from the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined during PPL or SDP review. Such improvement and/or upgrades as may be necessary shall be permitted and installed at the Owner's sole cost and expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades as determined by the County Manager or designee. B. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan (SDP) approval, as the case may be, in consultation with Public Utilities, the Owner will provide a potable water stub out of their project's potable water public utility infrastructure in an easement for future water looping on the east side of the PUD at the Owner's sole cost and expense as determined by the Collier County Manager or designee. If the PPL or SDP does not include the installation of potable water lines to be conveyed to the county adjacent to the easternmost tracts "R" or"RES/NON-RES" neither easement nor stub out shall be provided along the east side of the PUD. C. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan (SDP) approval, as the case may be, in consultation with Public Utilities the Owner will provide a potable water stub out of their project's potable water public utility infrastructure in an easement for future water looping on the west side of the PUD, at the Owner's sole cost and expense as determined by the Collier County Manager or designee. If the PPL or SDP does not include the installation of potable water lines to be conveyed to the county adjacent to the westernmost tract"R" neither easement nor stub out shall be provided along the west side of the PUD. Tamiami 58-Acre MPUD Last Revised: February 25, 2025 Page15of19 l E. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan (SDP) approval, as the case may be, offsite improvements and/or upgrades to the water distribution/transmission system may be required to adequately handle the total estimated peak hour flow to the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined during PPL or SDP review. Such improvements and/or upgrades as may be necessary shall be permitted and installed at the Owners's sole cost and expense as determined by Collier County Manager or designee, and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades. 5. EMERGENCY MANAGEMENT A. The Owner shall provide the Emergency Management Division with a 45kw towable diesel, quiet running, multi-phase, multi-voltage generator to be used at other hurricane evacuation shelter sites as a one-time hurricane mitigation effort. Emergency Management will provide approved specifications to the Owner who will deliver the generator to Emergency Management, with all necessary warranty and manuals, new and tested for immediate operation as well as a certificate of origin for over the road towing, tags, registration, etc. The one-time generator contribution will be provided prior to issuance of the certificate of occupancy for fifty (50) percent of the residential dwelling units. 6. COMPATIBILITY A. All manufacturing within the "RES/NON-RES" tracts will occur within a fully enclosed building. B. Should "RES/NON-RES" tracts have Residential Uses, then Light Industrial Uses listed in Exhibit "A" a. or c. shall be prohibited. 7. LANDSCAPING A. A 20-foot-wide enhanced Type "D" landscape buffer shall be provided along the Tamiami Trail East right-of-way as follows: 1. Three (3) Canopy trees per 90 linear feet spaced no more than 30 feet on center. Understory trees and palm trees may not be substituted for canopy trees. 2. A continuous 3-gallon double row hedge spaced 3 feet on center of at least 36 inches in height at the time of planting. 3. A meandering 3-to 5-foot-wide bed of ground cover in front of the hedge that will achieve 100% opacity/coverage within 1 year of planting. 8. AFFORDABLE HOUSING A. Set aside units. Of the total units constructed, the project shall comply with the following: 1. If developed as a rental community, the following affordable housing commitments apply: a. A maximum of 400 dwelling units may be developed in the MPUD. Tamiami 58-Acre MPUD Last Revised: February 25,2025 Page16of19 b. Fifteen (15%) of the units will be rented to households whose incomes are up to and including 80% of the Area Median Income (AMI) for Collier County and corresponding rent limits, and fifteen (15%) of the units will be rented to households whose incomes are up to and including 100% of the Area Median Income (AMI). c. By way of example, the 2024 Florida Housing Finance Corporation Income and Rent Limits are: 2024 Collier County Income&Rent Limits for Affordable Housing Income Limit by Number of People in Unit Rent limit by Number of Bedrooms in Unit' 2024 Percentage Category 1 2 4 1 2 3 a€ incom. Name Collier 30% Extremety Le $ 21,930 $ 25,050 $ 31,290 $ 587 $ 704 $ 813 County 50% very Low $ 36,550 $ 41,750 $ 52,150 $ 978 $ 1,173 $ 1,356' Median 60% r-a $ 43,860 $ 50,100 $ 62,580 $ 1,174 $ 1,408 $ 1,627 Household 80% Low $ 58,480 '$ 66,800 $ 83,440 $ 1,566' $ 1,878 $ 2,170 Income 100% median $ 73,100 $ 83,500 $ 104,300 $ 1,958 $ 2,348 $ 2,713 104,300 120% Moderate $ 87,720 $ 100,200 $ 125,160 $ 2,349 $ 2,817 $ 3,2555 140%Gap $ 102,340 $ 116,900 $ 146,020 $ 2,741 $ 3,287 $ 3,798 Source:I-UD 2024 Med on ncomet Flor€da Housing FnanceCorp.€ncorne and Fern L€rnts Gross rent,inc ijdeout t aNDoance d. At the time of each Site Development Plan (SDP) or Subdivision Plat (PPL), no less than 30% of the dwelling units will be identified as affordable and shown on the SDP or PPL with the required AMI ranges. Fractional numbers will be rounded up to the nearest whole unit (cumulatively, "Set Aside Units"). e. At the time of SDP or PPL, the Owner will specify the total number of rental units to be constructed, such as one-bedroom, two-bedroom, and three- bedroom, and at least 30% of each unit type will be a Set Aside Unit as specified herein. For example, if the Owner builds 120 one-bedroom, 200 two- bedroom and 80 three-bedroom units, then 36 one-bedroom, 60 two-bedroom, and 24 three-bedroom units shall be Set Aside Units. f. The Set Aside Units will be committed for a period of 30 years from the date of issuance of certificate of occupancy of the corresponding SDP's first Set Aside Unit. g. Income and rent limits may be adjusted annually based on the combined income and rent limit table published by the Florida Housing Finance Corporation, or as otherwise provided by Collier County. h. Initial preference to rent-restricted Set Aside Units shall be given to Essential Service Personnel (ESP). i. ESP means as follows: Those individuals employed in the community as teachers, educators, other school employees, higher education employees, community college and university employees, police and fire personnel, healthcare personnel, skilled building trades personnel, active duty military, and government employees. ii. Initially, each Set Aside Unit will be held vacant and advertised for ESP for a minimum of 90 days prior to the issuance of a certificate of occupancy, Tamiami 58-Acre MPUD Last Revised: February 25, 2025 Page 17 of 19 and at least 90 days immediately prior and leading up to the leasing of the first non-Set Aside Unit. iii. In the event that no ESP rents the available Set Aside Unit, then the Set Aside Unit may also be offered to the general public (non-ESP) but shall remain a Set Aside Unit and be rent and income restricted accordingly. iv. After the initial offering of a Set Aside Unit, no preference will be given to ESP. However, when a Set Aside Unit becomes available for rent advertising as set forth in paragraph 8.A.1.h.v. below shall be provided. v. At minimum, advertising will consist of providing written notice to the Collier County Community and Human Services Division, the Collier County Affordable Housing Advisory Committee, and the human resource department for local hospitals, the Collier County Public School District, Collier County Government, other municipalities within Collier, all fire districts, and the Collier County Sheriff's Office. 2. If developed as an owner occupied community, the following affordable housing commitments apply: a. A maximum of 186 units may be developed in the MPUD. b. Fifteen (15%) of the units will be sold to households whose incomes are up to and including 120% of the Area Median Income (AMI) for Collier County pursuant to the above 2024 Florida Housing Finance Corporation Income and Rent Limits table. c. By way of example the 2024 Florida Housing Finance Corporation Income Limits are: Income Limit by Number of People in Unit 2024 Percentage,area Category 1 2 4 Median Income Name Collier 30%Extremely Low $ 21,930 $ 25,050 $ 31,290 County 50% Very Low $ 36,550 $ 41,750 $ 52,150 Median 60% n/a 43,860 $ 50,100 $ 62,580 Household 80% Low 58480 $ 66,800 $ 83,440 Income 100% Median $ 73,100 $ 83,500 $ 104,300 104,300 120%Moderate . 87,720 $ 100,200 $ 125,160 140% Gap 102,340 $ 116,900 $ 146,020 urce:HUD 2024 Medan income;Florida Housin8 Finance Corp.Income tim t5 d. At the time of each Site Development Plan (SDP) or Subdivision Plat (PPL), no less than 15% of the dwelling units will be identified as affordable and shown on the SDP or PPL with the required AMI ranges, and fractional numbers will be rounded up to the nearest whole unit (cumulatively, "Set Aside Units"). Tamiami 58-Acre MPUD Last Revised: February 25, 2025 Page 18 of 19 c10 e. For-sale Set Aside Units will contain no less than two (2) bedrooms per unit. f. Prior to sale of any of the units, the owner will record a restrictive covenant in the public records of Collier County identifying the affordable units and the income threshold pertaining to each unit. The covenant will state that each unit will be initially sold and subsequently sold to qualifying households for a period of 30 years of the issuance of the Certificate of Occupancy for each unit. The covenant will also state that at least 30 days prior to the sale of any unit, the County's Community and Human Services Division will be notified in writing and provided documents for income verification and certification on forms acceptable to Collier County. The closing on the sale may occur after the County confirms that the household qualifies for the designated income thresholds. g. Income limits may be adjusted annually based on the combined income limit table published by the Florida Housing Finance Corporation or as otherwise provided by Collier County. 3. As part of the annual PUD monitoring report, the Owner will include an annual report that provides the progress and monitoring of occupancy of the income- restricted units (including Set Aside Units), including rent data for rented units and sales data for sold units, in a format approved by the Collier County Community and Human Services Division. The Owner agrees to annual on-site monitoring by the County, or its designee. 4. Income verification shall comply with LDC Section 2.06.05.B.4. 5. All Set Aside Units shall either be rent-restricted (in accordance with 8.A.1. or income-restricted (in accordance with 8.A.2.), and not a combination thereof. 9. DWELLING UNITS A. All dwelling units shall either be rentals or owner-occupied, and not a combination thereof. Tamiami 58-Acre MPUD Last Revised: February 25, 2025 Page 19 of 19 oil \/l/ i 400 4!le i l Ui IN FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State April 3, 2025 Crystal K. Kinzel Clerk of Court 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. 2025-11, which was filed in this office on April 3, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270