Ordinance 2018-25 ORDINANCE NO. 2018- 2 5
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 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 GENERAL COMMERCIAL DISTRICT IN THE MIXED USE
SUBDISTRICT OF THE GATEWAY TRIANGLE MIXED USE DISTRICT
OVERLAY (C-4-GTMUD-MXD) ZONING DISTRICT TO A MIXED USE
PLANNED UNIT DEVELOPMENT IN THE MIXED USE SUBDISTRICT
OF THE GATEWAY TRIANGLE MIXED USE DISTRICT OVERLAY
(MPUD-GTMUD-MXD) ZONING DISTRICT FOR A PROJECT KNOWN
AS THE MINI-TRIANGLE MPUD TO ALLOW CONSTRUCTION OF UP
TO, WITH A MIX TO BE DETERMINED BY MAXIMUM ALLOWABLE
TRAFFIC GENERATION, 377 MULTI-FAMILY DWELLING UNITS,228
HOTEL SUITES, 111,000 SQUARE FEET OF COMMERCIAL USES AND
90,000 SQUARE FEET OF GENERAL AND MEDICAL OFFICE USES,
150 ASSISTED LIVING UNITS, 60,000 SQUARE FEET OF SELF-
STORAGE AND 30,000 SQUARE FEET OF CAR DEALERSHIP;
PROVIDING FOR MAXIMUM HEIGHT OF 168 FEET, ON PROPERTY
LOCATED NEAR THE SOUTHERN CORNER OF THE INTERSECTION
OF DAVIS BOULEVARD AND TAMIAMI TRAIL EAST IN SECTION 11,
TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 5.35± ACRES; PROVIDING FOR REPEAL
OF CONDITIONAL USE RESOLUTIONS; AND BY PROVIDING AN
EFFECTIVE DATE. [PL20160003054]
WHEREAS, Robert J. Mulhere, FAICP, of Hole Montes, Inc. and Richard Grant, Esquire of
Grant Fridkin Pearson, P.A. representing Real Estate Partners International, LLC, petitioned the
Board of County Commissioners to change the zoning classification of the herein described property.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Zoning Classification.
The zoning classification of the herein described real property located in Section 11,
Township 50 South, Range 25 East, Collier County, Florida is changed from a General
[16-CPS-01629/1412147/1]299
Mini Triangle/PUDZ-PL20160003054
5/9/18 1 of 2 C )
Commercial District in the Mixed Use Subdistrict of the Gateway Triangle Mixed Use District
Overlay (C-4-GTMUD-MXD) zoning district to a Mixed Use Planned Unit Development in the
Mixed Use Subdistrict of the Gateway Triangle Mixed Use District Overlay
(MPUD-GTMUD-MXD) zoning district for a project to be known as the Mini-Triangle MPUD to
allow construction of up to, with a mix to be determined by maximum allowable traffic generation,
377 multi-family dwelling units, 228 hotel suites, 111,000 square feet of commercial uses and
90,000 square feet of general and medical office uses, 150 assisted living units, 60,000 square feet of
self-storage and 30,000 square feet of car dealership, in accordance with Exhibits "A" through "G"
attached hereto and incorporated herein by reference. The appropriate zoning atlas map or maps, as
described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code,
is/are hereby amended accordingly.
SECTION TWO: Repeal of Conditional Use Resolutions.
Resolution Nos. 94-713, 96-377, 97-251, 04-281 and 08-259 are hereby repealed.
SECTION TWO: Effective Date.
This Ordinance shall become effective upon filing with the Department of State and on the
date that the Growth Management Plan Amendment in Ordinance No. 2018-23 becomes effective.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this `6 day of I l : , 2018.
ATTEST '' `t BOARD OF ' O ► Y COME : 0 ERS
DWIGHT E. BROCK, CLERK COLLIE' OU. , -a ' t '
By: (1w _, a 04C . By: , A
4 l- outy Clerk ANDY SOLIS, Chairman
Attest as to �.,
si te onto `
Apronaurve as o ferittl,andd legality:
rA1 / ��
C
H 'di Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A—List of Permitted Uses
Exhibit B—Development Standards
Exhibit C—Master Plan
Exhibit D—Legal Description This ordinance filed with the
Exhibit E—List of Deviations iefittary of tote's Of e
Exhibit F—Developer Commitments of
Exhibit G—Master Use and Conversion List and acknowledgem "t'rl that
filir receive. thi, L L' t y
of
[16-CPS-01629/1412147/1]299 Deputy i •
Mini Triangle/PUDZ-PL20160003054
5/9/18 2 of 2 '",.
.Cr�C�
EXHIBIT A
MINI-TRIANGLE MPUD
VISION,PURPOSE AND INTENT
The Mini Triangle MPUD is intended to be a catalyst project spurring further redevelopment in
the Bayshore/Gateway Triangle area. In order to facilitate a vibrant mixed use development and
viable market demand, as provided for and incentivized in the GTMUD-MXD Overlay for the
"Mini-Triangle" area, the MPUD provides for greater intensity, density, and flexibility in Site
Design and Development Standards. For the purposes of this MPUD mixed use shall include, at
a minimum, residential multifamily development along with a mix of commercial uses, including
retail, restaurant and office uses, and may include other commercial uses such as a hotel with
ancillary commercial uses, "multiplex" movie theater, bowling center, physical fitness facilities,
personal services, and other commercial uses identified in this MPUD. The development form
shall be two or more multi-story structures with commercial uses generally located on the ground
floor (and subsequent floors for some commercial uses such as office, restaurants or multiplex
theater by way of example and not limitation), with floors of supporting parking, residential,
hotel, retail, office or other approved uses. The MPUD establishes minimums and maximums for
residential density and commercial intensity to ensure a viable mixed use development.
LIST OF PERMITTED USES
TRACT MXU—MIXED-USE DEVELOPMENT
A. PERMITTED USES:
The PUD shall be developed with a mixture of residential and commercial uses. No building or
structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part,
within the Mini-Triangle MPUD, for other than the following:
I. Principal Uses
a. Residential Uses (see Table 1 for minimum and maximum number of multifamily units):
1. Multifamily residential dwelling units.
b. Commercial Uses (see Table 1 for minimum and maximum square footage):
1. Hotels and transient lodging (7011). The term "transient lodging" includes hotels,
interval ownership/membership and vacation rental/membership facilities. Any
such transient lodging shall include the following operational characteristics
and/or limitations: lodging accommodations normally on a daily or weekly rate
to the general public or to interval owners/members and provisions for check in
and housekeeping services, as well as other amenities such as dining facilities,
meeting rooms, or recreational facilities.
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2. Retail (5311-5399; 5411- 5499; 5611-5699; 5712-5736; 5912; 5921, excluding
freestanding liquor stores but allowing a free standing retail wine store; 5941-
5948; 5992—5999);
3. Eating and drinking establishments (5812 and 5813, excluding bottle clubs);
4. Movie Theatre (multiplex) (7832);
5. Personal services (7212, 7231, 7241);
6. General and medical office (6111-6163; 6211-6289; 6311-6399; 6411, 7311;
7371; 7373-7375; 8011- 8092, 8111; 8611-8699; 8711-8748).
7. Assisted Living Facility (ALF) (8082), limited to 150 units and a FAR of 0.45 and
subject to other conditions and standards set forth in Exhibit F of this MPUD.
8. Indoor air-conditioned passenger vehicle and self-storage (4225). Other than
passenger vehicle storage all other self storage components shall be limited in use
to residents and commercial tenants of this MPUD. Access to the indoor air-
conditioned passenger vehicle and/or self storage must be internal to the site and
storage not visible from an arterial or collector road.
9. New or used car dealership limited to an interior showroom/display, plus delivery
and warranty/repair bays (5511 and 5521), and further limited as follows:
• No outdoor paging or amplified sound shall be permitted.
• No automated car wash will be permitted. Any onsite washing will be
done manually.
• No gasoline storage or fueling tanks are permitted.
• No roof top parking of vehicles is permitted.
• Collision shop operations are prohibited.
• For new car dealerships (5511) used vehicle sales shall be limited to
luxury and/or collectible vehicles and limited to a maximum of 49% of
overall sales.
• Used car sales shall be limited to establishments whose business is sales of
antique or classic collectible vehicles and/or vehicles with a value equal to
or greater than $80,000.
• Vehicular access/overhead doors for vehicle delivery, showroom, car
washing areas, and service areas, including service drop off and pick up,
shall be fully located within a building and not visible from a public
roadway or a driveway internal to the project; overhead doors may be
visible from any internal roadway or internal driveway only if a roll down
security gate style door or a fully glazed overhead door is used.
• Services doors must be designed to allow for closure and opened only for
entry and exiting of vehicles, and not visible from the exterior of the
building.
• Off-loading of vehicles shall be prohibited on any public street.
• Hours of Operation shall be limited as follows:
o Sales - 8:00 AM to 9:00 PM for Monday through Saturday.
o Service - 7:00 AM to 6:00 PM Monday through Saturday.
o Sales and Service - 10:00 AM—6:00 PM Sunday.
10. Other(7933, 7991, 7999 limited to yoga instruction, and bicycle rental; 8412).
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CA
11. Any other principal use which is comparable in nature with the forgoing list of
permitted principal uses, as determined by the Board of Zoning Appeals or the
Hearing Examiner by the process outlined in the LDC.
II. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures permitted by right in this MPUD, including, but not limited to:
a. Residential Uses:
1. Recreational uses and facilities that serve the residents of the PUD, such as
swimming pools, fitness centers, dining facilities, and recreation/amenity buildings.
2. Customary accessory uses and structures to residential units, including parking
structures, gazebos, fountains, trellises, signage, and similar structures.
b. Commercial Uses:
1. Caretaker's residences one (1) per building, not to exceed three (3), subject to LDC
Section 5.03.05.
2. Temporary display of merchandise during business hours provided it does not
adversely affect pedestrian or vehicular traffic or public health or safety as
determined by the County. Merchandise storage and display is prohibited within
front yards adjacent to Davis Boulevard and Tamiami Trail (US 41), but allowed
within internal public areas and within side and rear yards.
3. Customary accessory uses and structures to commercial development, including
parking structures, gazebos, fountains,trellises, and similar structures.
4. Food trucks and mobile kiosks, subject to 5.04.05 — Temporary Events, as
applicable.
III. Interim Use:
The cell tower located within this MPUD at 2054 Davis Boulevard may remain in place and
in operation as a permitted use until such time as the current lease expires or is terminated
early by agreement of the parties of the lease and/or successors and assigns.
IV.Prohibited Use:
Any use meeting the definition of a sexually oriented business, as set forth in Ordinance No.
91-83, as amended, is prohibited.
B. DENSITY AND INTENSITY MINIMUMS AND MAXIMUMS AND OTHER
LIMITATIONS
1. Table 1 below establishes the required minimum and maximum density and intensity for
various Principal Uses, set forth in paragraph A.I., as applicable.
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CA
Table 1
Density and Intensity Minimums and Maximums
General/Medical
Multifamily Permitted Uses Office Assisted Car
(dwelling Hotel Section A.I.b. Section A.I.b. Living Self-Storage Dealership
units) (rooms) Uses 2 through 5 Use 6 (dwelling (square feet) (square
(square feet) (square feet) units) feet)
37,000 of at least
Minimum 105 N/A two of permitted 30,000 N/A N/A N/A
uses A.I.b.2
through 5
Maximum 377 228 111,000 90,000 150(FAR of 60,000 30,000
0.45)
2. In no case shall the maximum total daily trip generation exceed 628 two-way PM peak
hour Net New Trips based on the use codes in the ITE Manual on trip generation rates in
effect at the time of application for the SDP/SDPA or subdivision plat approval. The term
Net New Trips means the new trips generated by development within the Mini Triangle
Subdistrict, reduced by pass-by trips and internal capture.
3. Subject to the minimum amounts required in Table 1, an overall maximum of 200,000
square feet of any combination of uses allowed in Section A.I.b., uses 2 though 6 and 8
through 11, shall be permitted.
4. No building permit will be issued for vertical construction on the last of the three MXU
Tracts depicted on Exhibit C, Master Plan, unless: (1) construction has begun on a
building or buildings that satisfy the minimum required multifamily units and
commercial square footage identified under Table 1., above; or (2) certificates of
occupancy have been issued for these minimum required amounts; or(3) these minimum
required amounts will be accomplished by the construction of the building(s) described in
the requested building permit for the last MXU Tract, in which case no certificate of
occupancy will be issued for any portion of the building(s) on the last MXU tract until the
entire shell(s) of the building(s) containing the minimum required amounts has been
completed.
5. No individual commercial use may be located in a building less than three stories in
height.
6. Other than office and hotel, no single tenant stand-alone commercial uses are permitted in
an individual building. At least 2 of the permitted commercial uses listed in Section A.I.b.
2 through 5, shall be provided in order to meet the minimum 37,000 square feet
established for these uses in Table 1.
7. Other than as may be allowed under the LDC for sales or special events, no outdoor
storage of goods or merchandise of any kind is permitted.
8. Surface parking shall not exceed 100 spaces, except that during construction, vacant
portions of the MPUD may be used for temporary construction related parking.
9. There shall be a minimum of two multi-story buildings in the MPUD.
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EXHIBIT B
MINI-TRIANGLE MPUD
DEVELOPMENT STANDARDS
A. RESIDENTIAL & COMMERCIAL DEVELOPMENT STANDARDS
The table below sets forth the development standards for residential and commercial land uses
within Mini-Triangle MPUD. Standards not specifically set forth herein shall be those specified
in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision
plat.
PRINCIPAL STRUCTURES
MIN.LOT AREA 20,000 s.f.
MIN.LOT WIDTH 100 feet as measured by frontage on a public right-of-way or internal driveway.
MIN.FLOOR AREA 500 s.f.for commercial structures and 700 s.f.for residential dwelling units,except that
up to 20%of residential dwelling units may be between 699 and 500 s.f.Hotel
suites/rooms and ALF units,are not subject to a minimum floor area requirement.
MINIMUM YARDS
ADJACENT TO A PUBLIC a 20 feet,measured from the MPUD boundary as shown on the Master Plan.
STREET
ALL OTHER MPUD 5 feet*
PERIMETER YARDS
MIN.DISTANCE BETWEEN 40 feet
STRUCTURES
MAX.BUILDING HEIGHT, 1 160 feet
ZONED
MAX.BUILDING HEIGHT, 162.8 feet
ACTUAL**
ACCESSORY STRUCTURES
ADJACENT TO A PUBLIC S.P.S.
STREET
ALL OTHER MPUD S.P.S
PERIMETER YARDS
MAX.BUILDING HEIGHT S.P.S
NOT TO EXCEED(ZONED)
MAX.BUILDING HEIGHT S.P.S
NOT TO EXCEED(ACTUAL)
S.P.S.=Same as Principal Structures
BH=Building Height
* In the event additional properties adjacent to this MPUD are included in a unified plan of development/Site
Development Plan, the required 5 foot setback and landscape buffer shall not be required, and the MPUD
boundary to the adjacent property shall be disregarded.
** FAA Letters of No Hazard Limit building height to 168 feet above mean sea level (AMSL) (See Exhibit C
Master Plan Sheet 4 of 4). The Maximum Zoned and Actual Heights are measured as defined in the LDC and are
more restrictive than the FAA Maximum Height.
B. Parking:
1. Off-Street: Parking shall be provided in accordance with Section 4.02.16 - Design
Standards for Development in the Bayshore Gateway Triangle Redevelopment Area,
Section F., Table 1 Parking Space Requirements in the BMUD and GTMUD. For uses
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not specifically listed in Table 1, parking shall be provided as required in the LDC
except as otherwise provided for in Exhibit E.
2. Other: Within or along internal private driveways, parallel or angled parking may be
provided.
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LANDSCAPE AND ARCHITECTURAL CONCEPTUAL DESIGN SUPPLEMENT
EXHIBIT C-1, SHEETS 1-9
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Sheet 2: Typical Street Front Elevation
Sheet 3: Typical Street Front Plan View
Sheet 4: Optional Street Front Elevation
Sheet 5: Optional Street Front Plan View
Sheet 6: Typical Garage Elevation Street View
Sheets 7-9: Architectural Renderings
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EXHIBIT D
MINI-TRIANGLE MPUD
LEGAL DESCRIPTION
PARCEL 1:
LOTS 5 THROUGH 11, INCLUSIVE, OF TRIANGLE LAKE, ACCORDING TO THE MAP
OR PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 38, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPTING THEREFROM
THAT PORTION THEREOF PREVIOUSLY CONVEYED TO THE STATE ROAD
DEPARTMENT OF THE STATE OF FLORIDA BY DEED OF CONVEYANCE RECORDED
IN DEED BOOK 16, PAGES 163 AND 164, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
LESS AND EXCEPTING:
THOSE PORTIONS OF LOTS 5 AND 6, TRIANGLE LAKE, A SUBDIVISION IN SECTION
11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, SECTION 11, TOWNSHIP 50 SOUTH,
RANGE 25 EAST, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 38,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 6; THENCE ALONG THE
WEST LINE AND SOUTHERLY EXTENSION OF SAID LOT 6, SOUTH 00 DEGREES
33'46" EAST 245.26 FEET TO THE NORTHERLY EXISTING RIGHT OF WAY LINE OF
STATE ROAD 90 (US41) (PER SECTION 03010-2116) FOR A POINT OF BEGINNING;
THENCE ALONG SAID SOUTHERLY EXTENSION AND WEST LINE NORTH 00
DEGREES 33'46" WEST 24.82 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT,
HAVING A RADIUS OF 11,529.16 FEET, A CENTRAL ANGLE OF 00 DEGREES 4T18.3",
AN ARC LENGTH OF 158.65 FEET, THE CHORD FOR WHICH BEARS SOUTH 53
DEGREES 53'54" EAST TO THE EAST LINE OF SAID LOT 5 AND THE END OF SAID
CURVE; THENCE ALONG SAID EAST LINE AND SOUTHERLY EXTENSION SOUTH 37
DEGREES 59'11" WEST 20.01 FEET TO SAID NORTHERLY EXISTING RIGHT OF WAY
LINE AND THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY; THENCE
ALONG SAID NORTHERLY EXISTING RIGHT OF WAY LINE, THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 11,509.16 FEET, A CENTRAL ANGLE OF
00 DEGREE 42'45.9", AN ARC LENGTH OF 143.17 FEET, THE CHORD FOR WHICH
BEARS NORTH 53 DEGREE 51'48" WEST TO THE END OF SAID CURVE AND THE
POINT OF BEGINNING.
PARCEL 2
A LOT OR PARCEL OF LAND IN THE EAST HALF OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER, LYING NORTH OF THE TAMIAMI TRAIL, OF SECTION
11 IN TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING
SPECIFICALLY DESCRIBED AS FOLLOWS:
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FROM THE POINT OF INTERSECTION OF THE WEST BOUNDARY LINE OF THE EAST
HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, LYING
NORTH OF THE TAMIAMI TRAIL (FORMERLY KNOWN AS DIXIE HIGHWAY), OF
SECTION 11 IN TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, WITH THE NORTHEASTERLY RIGHT OF WAY LINE OF THE SAID
TAMIAMI TRAIL RUN IN A SOUTHEASTERLY DIRECTION FOR 396.58 FEET ALONG
SAID NORTHEASTERLY RIGHT OF WAY LINE, TO ESTABLISH THE POINT OF
BEGINNING; THENCE FROM THE POINT OF BEGINNING DEFLECT 90 DEGREES
FROM THE SOUTHEASTERLY TO THE NORTHEASTERLY AND RUN 322.02 FEET;
THENCE DEFLECT 43 DEGREES 39 MINUTE 10 SECONDS, FROM THE
NORTHEASTERLY TO THE NORTHERLY AND RUN 57.48 FEET; THENCE DEFLECT 69
DEGREES 51 MINUTES 00 SECONDS FROM NORTHERLY TO NORTHWESTERLY AND
RUN 63.91 FEET; THENCE DEFLECT 66 DEGREES: 29 MINUTES 50 SECONDS FROM
NORTHWESTERLY TO SOUTHWESTERLY AND RUN 338.2 FEET TO THE SAID
NORTHEASTERLY RIGHT OF WAY LINE OF SAID TAMIAMI TRAIL; THENCE IN A
SOUTHEASTERLY DIRECTION RUN 98.29 FEET ALONG SAID NORTHEASTERLY
RIGHT OF WAY LINE THE POINT BEGINNING.
LESS AND EXCEPTING
THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF LOT 6 OF SAID TRIANGLE LAKE;
THENCE ALONG THE WEST LINE AND THE SOUTHERLY EXTENSION OF SAID LOT
6, SOUTH 00 DEGREES 33'46" EAST 307.41 FEET TO THE SURVEY BASE OF STATE
ROAD 90 (US 41) AND TO THE BEGINNING OF A CURVE CONCAVE
SOUTHWESTERLY; THENCE ALONG SAID SURVEY BASE LINE, THE ARC OF SAID
CURVE TO THE RIGHT, HAVING A RADIUS OF 11,459.16 FEET, A CENTRAL ANGLE
OF 01 DEGREES 15'59.2", AN ARC LENGTH OF 253.29 FEET, THE CHORD FOR WHICH
BEARS SOUTH 53 DEGREES 24'08" EAST TO THE END OF SAID CURVE; THENCE
NORTH 37 DEGREES 13'52"EAST, 50.00 FEET TO THE NORTHERLY EXISTING RIGHT
OF WAY LINE OF SAID STATE ROAD 90 (US 41) (PER SECTION 03010-2116) FOR A
POINT OF BEGINNING; THENCE NORTH 37 DEGREES 59'11" EAST 20.00 FEET TO THE
BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC
OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 11,529.16 FEET, A CENTRAL
ANGLE OF 00 DEGREES 29'17.3", AN ARC LENGTH OF 98.22 FEET, THE CHORD FOR
WHICH BEARS SOUTH 52 DEGREES 31'25" EAST TO THE END OF SAID CURVE;
THENCE SOUTH 37 DEGREES 59'11" WEST, 20.00 FEET TO SAID NORTHERLY
EXISTING RIGHT OF WAY LINE AND THE BEGINNING OF THE CURVE CONCAVE
SOUTHWESTERLY; THENCE ALONG SAID NORTHERLY EXISTING RIGHT OF WAY
LINE, THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 11,509.16
FEET, A CENTRAL ANGLE OF 00 DEGREE 29'20.3", AN ARC LENGTH OF 98.22 FEET,
THE CORD WHICH BEARS NORTH 52 DEGREES 31'28" WEST TO THE END OF SAID
CURVE AND THE POINT OF BEGINNING.
CONTAINING 1,964 SQUARE FEET.
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PARCEL 3
A LOT OR PARCEL OF LAND IN THE EAST HALF OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER, LYING NORTH OF TAMIAMI TRAIL, OF SECTION 11,
TOWNSHIP 50 SOUTH OF RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
SPECIFICALLY DESCRIBED AS FOLLOWS:
FROM THE POINT OF INTERSECTION OF THE WEST BOUNDARY LINE OF THE EAST
HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, LYING
NORTH OF THE TAMIAMI TRAIL (FORMERLY KNOWN AS DIXIE HIGHWAY), OF
SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
WITH THE NORTHEASTERLY RIGHT OF WAY LINE OF THE SAID TAMIAMI TRAIL
RUN IN A SOUTHEASTERLY DIRECTION FOR 298.29 FEET ALONG THE SAID
NORTHEASTERLY RIGHT OF WAY LINE, TO ESTABLISH THE POINT OF BEGINNING,
THENCE FROM THE POINT OF BEGINNING DEFLECT 90 DEGREES FROM THE
SOUTHEASTERLY TO NORTHEASTERLY AND RUN 338.2 FEET, THENCE DEFLECT
113 DEGREES 30'10" FROM NORTHEASTERLY TO NORTHWESTERLY AND RUN
107.18 FEET THENCE DEFLECT 66 DEGREES 29'50" FROM NORTHWESTERLY TO
SOUTHWESTERLY AND RUN 295.46 FEET TO THE SAID NORTHEASTERLY RIGHT
OF WAY LINE OF SAID TAMIAMI TRAIL, THENCE IN A SOUTHEASTERLY
DIRECTION RUN 98.29 FEET ALONG THE SAID NORTHEASTERLY RIGHT OF WAY
LINE TO THE POINT OF BEGINNING.
PARCEL 4
LOT 4, TRIANGLE LAKE SUBDIVISION AS PLATTED AND RECORDED IN THE
PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, IN PLAT BOOK 4, PAGE 38.
PARCELS 3 AND 4 LESS AND EXCEPT:
THAT PORTION OF LOT 4, TRIANGLE LAKE, A SUBDIVISION, AS PER PLAT
THEREOF RECORDED IN PLAT BOOK 4, PAGE 38, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, AND THAT PORTION OF THE NORTHWEST 1/4, ALL BEING IN
SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST. BEING DESCRIBED AS
FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 6 OF SAID
TRIANGLE LAKE, THENCE ALONG THE WEST LINE AND THE SOUTHERLY
EXTENSION OF SAID LOT 6, SOUTH 00 DEGREES 33'46" EAST, 307.41 FEET TO THE
SURVEY BASE LINE OF STATE ROAD 90 (US 41) AND TO THE BEGINNING OF A
CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG SAID SURVEY BASE LINE,
THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 11,459.16 FEET, A
CENTRAL ANGLE OF 00 DEGREES 31'43", AN ARC LENGTH OF 105.72 FEET, THE
CHORD OF WHICH BEARS SOUTH 53 DEGREES 46'16" EAST TO THE END OF SAID
CURVE, THENCE NORTH 36 DEGREES 29'35" EAST, 50.00 FEET TO THE
INTERSECTION OF THE SOUTHERLY EXTENSION OF THE WEST LINE OF SAID LOT
4 AND THE NORTHERLY EXISTING RIGHT OF WAY LINE OF SAID STATE ROAD 90
(US 41) (PER SECTION 03010-2116) FOR A POINT OF BEGINNING; THENCE ALONG
SAID SOUTHERLY EXTENSION AND SAID WEST LINE NORTH 37 DEGREES 59'11"
EAST, 20.01 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY;
THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
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11,529.16 FEET, A CENTRAL ANGLE OF 00 DEGREE 44'11.6", AN ARC LENGTH OF
148.21 FEET, THE CHORD FOR WHICH BEARS SOUTH 53 DEGREES 08'09" EAST TO
THE END OF SAID CURVE; THENCE SOUTH 37 DEGREES 59'l1" WEST, 20 FEET TO
SAID NORTHERLY EXISTING RIGHT OF WAY LINE AND THE BEGINNING OF A
CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG SAID NORTHERLY
EXISTING RIGHT OF WAY LINE, THE ARC OF SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 11,509.16 FEET, A CENTRAL ANGLE OF 00 DEGREES 44'16.2", AN ARC
LENGTH OF 148.21 FEET, THE CHORD FOR WHICH BEARS NORTH 53 DEGREES
08'16" WEST TO THE END OF SAID CURVE AND THE POINT OF BEGINNING.
PARCEL 5:
LOTS 12, 13, 14, AND 15, TRIANGLE LAKE SUBDIVISION, AS PLATTED AND
RECORDED IN PLAT BOOK 4, PAGE 38, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
OVERALL ACREAGE = 233,058.41 SQUARE FEET OR 5.35 ACRES, AS
MEASURED/CALCULATED.
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EXHIBIT E
MINI-TRIANGLE MPUD
LIST OF DEVIATIONS FROM LDC
This 5.35 acre MPUD is located within the Bayshore/Gateway Redevelopment Area and
specifically within the Mini Triangle Subdistrict. Given the desire for this area to be a catalyst
for further redevelopment within the broader Bayshore/Gateway Redevelopment Area, and
given the urban characteristics of this area, in addition to the specific deviations listed below,
additional deviations may be requested from any applicable dimensional or design standards
set forth in the LDC, excluding building height, utilizing the process and procedures set forth
in LDC Section 10.02.03.F, Site plan with deviations for redevelopment prgjects.
Deviations are as follows:
Architectural Standards:
1. Deviation from LDC 4.02.16.C.8.d.,which requires that residential uses be constructed
concurrent with, or prior to, the construction of commercial uses, to allow for
construction of residential uses without restriction as to timing of construction of
commercial uses.
2. Deviation from LDC 4.02.16.D.3.b., Frontage, which requires that the primary entrance
for any building be oriented to the street, to allow all primary project entrances to be
internal to the project via and internal courtyard, although additional primary and
secondary entrances may be located along US 41 or Davis Boulevard.
3. Deviation from LDC Section 4.02.16 D.7.i.i., (Materials) which requires that mixed-use
building exteriors consist of wood clapboard, stucco finish, cement fiber board products,
brick, or stone, to include glass as an allowable external material.
4. Deviation from LDC Section 4.02.16 D.7.i.ii., which requires pitched roofs to be metal
seam (5v Crimp, standing seam or similar design), slate, copper, or wood shingles, to
include tile as an allowable material.
Landscape Standards:
5. Deviation from LDC 4.06.05.D.2.a., which limits the use of palm trees in a Type D
buffer to a maximum of 30% to allow for up to 70% of the required canopy trees to be
Royal Palm trees. Royal Palm trees shall be 25 feet in height, on average, with a
minimum height of 20 feet at the time of planting.
6. Deviation from Section 4.02.16. E.2.a.iii., which requires a minimum 10 foot wide Type
D buffer, meeting the design standards of section 4.06.02.C.4., to allow the buffer to be
reduced to a minimum of 6 feet in width where the buffer abuts a right turn deceleration
lane.
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Parking:
7. Deviation from LDC Section 4.05.04., Parking Space Requirements, which requires, for
cinema parking, 1 space for each 3 seats or 1 space per 40 square feet of seating areas,
whichever is greater plus 1 for each employee/non-spectator who will be present during
performances excluding those arriving by buses, to instead require 1 space for each 3
seats, plus 1 space for each employee of the largest shift, regardless of the floor or seating
area.
Open Space f
8. Deviation from Section 4.07.02 G. 2., which requires at least 30 percent of the gross area
to be devoted to usable open space within PUD districts containing commercial,
industrial, and mixed use including residential, to allow for a minimum of 15 percent of
the gross area to be devoted to usable open space.
Signs
9. Deviation from LDC Section 5.06.04 F.3, which permits multiple-occupancy parcels or
multiple parcels developed under a unified development plan, with a minimum of 8
independent units, and containing 20,000 square feet or more of leasable floor area, 1
directory sign at one entrance on each public street, to allow shared Directory signs
between the Mini-Triangle MPUD development and the development immediately
adjacent to the west and/or the east on US 41. The shared Directory sign(s) will be
located west and/or east of the projects potential shared entrance(s) on Tamiami Trail
East (US 41). A shared sign may be located such that it is entirely on either parcel or
partially on both parcels, to the west and/or east as the ultimate condition for shared
entries may be. The sign(s) will meet all other applicable development standards set forth
in Section 5.06.04.F.3. In the event a shared Directory sign is permitted between the Mini
Triangle project and a project adjacent to the east and/or the west along Tamiami Trail
East (US 41), no other individual Directory sign shall be permitted along Tamiami Trail
East (US 41) for the projects sharing the Directory sign.
10. Deviation from Section 5.06.04.F.9., which establishes development standards for on-
premise directional signs and limits the number of such signs to a maximum of 4, to
allow for up to 6 on-premise directional signs within this MPUD, in accordance with all
other requirements set forth in Section 5.06.04. F.9.
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EXHIBIT F
MINI-TRIANGLE MPUD
LIST OF DEVELOPER COMMITMENTS
1. PUD MONITORING
One entity (hereinafter the Managing Entity) shall be responsible for MPUD monitoring
until close-out of the PUD, and this entity shall also be responsible for satisfying all
MPUD commitments until close-out of the MPUD. At the time of this MPUD approval,
the Managing Entity is Real Estate Partners International, LLC. Should the Managing
Entity desire to transfer the monitoring and commitments to a successor entity, then it
must provide a copy of a legally binding document, to be approved for legal sufficiency
by the County Attorney. After such approval, the Managing Entity will be released of its
obligations upon written approval of the transfer by County staff, and the successor entity
shall become the Managing Entity. As Owner and Developer convey tracts, the
Managing Entity shall provide written notice to the County that includes an
acknowledgement of the commitments required by the MPUD by the new owner and the
new tract-owner's agreement to comply with the Commitments through the Managing
Entity, but the Managing Entity will not be relieved of its responsibility under this
Section. When the MPUD is closed out, then the Managing Entity is no longer
responsible for the monitoring and fulfillment of MPUD commitments.
2. TRANSPORTATION
a. Maximum Total Daily Trip Generation
In no case shall the maximum Net New Trip generation exceed 628 two-way PM peak
hour adjusted trips, based on the use codes in the ITE Manual on trip generation rates in
effect at the time of application for the SDP/SDPA or subdivision plat approval. The term
Net New Trips means the new trips generated by development within the Mini Triangle
Subdistrict, reduced by pass-by trips and internal capture.
b. Transit Stops/Shelter
The Owner shall provide easements to Collier County in a form acceptable to Collier
County to accommodate 2 transit stops, one on the project's frontage on US 41 and
one on the project's frontage on Davis Boulevard. As part of the site improvements
authorized by the initial Site Development Plan, the Developer/Owner shall, at its
sole expense, install a shelter and related site improvements for the transit stop
located on the project's US 41 frontage, utilizing a design consistent with established
CAT architectural standards or consistent with project architectural standards (i.e.
similar to recently constructed Naples Airport Authority CAT stops developed in
theme with NAA architectural standards). Additionally, the Owner shall convey to
the County an easement to relocate the existing undeveloped transit stop on Davis
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if
Boulevard from in front of the Trio site to this MPUD site. The easement will be
similar in size to the US 41 transit stop easement. The easement will be conveyed free
and clear of all liens and encumbrances and at no cost to the County. If Collier
County decides to improve the Davis Boulevard transit stop (with shelter and related
site improvements), it will be done in an architectural theme consistent with the US
41 stop location. Any part of the required landscape buffer vegetation displaced by
the CAT stop improvements shall be disbursed elsewhere within the PUD. The exact
location and conveyance of such easements and the specifications for the shelter shall
be finalized prior to the initial Site Development Plan approval. At the
Developer's/Owner's option, a unique design consistent with the project architecture
may be utilized.
3. UTILITIES
a. At the time of approval of this MPUD, Collier County Utilities Department has
verified that there is adequate sewer capacity to serve this project; however, at the
time of initial subdivision plat and/or Site Development Plan (SDP), as the case may
be, offsite improvements and/or upgrades to the wastewater collection/transmission
system may be required to adequately handle the total estimated peak hour flow.
Whether or not such improvements are necessary, and if so, the exact nature of such
improvements and/or upgrades shall be determined during the subdivision plat and or
SDP review. Such improvement and/or upgrades as may be necessary shall be
permitted and installed at the developer's expense and may be required to be in place
prior to issuance of a certificate of occupancy for any portion or phase of the
development that triggers the need for such improvements and/or upgrades.
b. The Mini Triangle MPUD is located within the City of Naples potable water services
area. The City of Naples Utilities Department has verified that there is adequate
potable water capacity to serve this project. Prior to approval of a subdivision plat or
SDP, the Developer shall provide written documentation that the development plans
for the plat or SDP, as the case may be, have been reviewed and approved by the City
of Naples Utility Department with respect to the provision of potable water service to
the project.
4. EMERGENCY MANAGEMENT
The developer shall provide the Emergency Management Division with a 45kw towable
diesel, quiet running, multi-phase, multi-voltage generator to be used at other hurricane
evacuation shelter sites as a one-time hurricane mitigation effort. Emergency
Management will provide approved specifications to the developer who will deliver the
generator to Emergency Management, with all necessary warranty and manuals, new and
tested for immediate operation as well as a certificate of origin for over the road towing,
tags, registration, etc. The one-time generator contribution will be provided at the time of
the first residential certificate of occupancy.
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5. ALF/RETIREMENT COMMUNITY COMMITMENTS
If an ALF/Retirement Community is constructed within the Subdistrict, the
following provisions shall be required:
a. The facility shall be for residents 55 years of age and older.
b. There shall be on-site dining for residents.
c. Group transportation services shall be provided for residents for purposes of
grocery and other types of shopping. Individual transportation services may be
provided for the residents' individual needs including but not limited to medical
office visits.
d. There shall be an on-site manager/activities coordinator to assist residents with
their individual needs. The manager/coordinator shall be responsible for
coordinating trips to off-site events as well as planning for lectures, movies,
music, and other forms of educational and entertainment activities for the
residents.
e. A wellness center shall be provided on-site. Exercise and other fitness programs
shall be provided for the residents.
f. Each unit shall be equipped to notify emergency services providers in the event of
a medical or other emergency.
g. Each unit shall be designed so that a resident can age in place. For example,
kitchens may be easily retrofitted to lower the sink to accommodate a wheel chair
bound resident or bathrooms may be retrofitted to add grab bars.
6. NAPLES AIRPORT AUTHORITY (NAA)
a. The Developer shall record a restrictive covenant, using the Naples Municpal
Airport Agreement and Declaration of Height Restrictions and Covenants in a
form approved by the Naples Airport Authority, in the public records of Collier
County, that stipulates:
i. The maximum height of any building or other structure (including rooftop
appurtenances) shall not exceed_160 feet above the established elevation
of the Naples Airport, which is a total height of 168 NAVD. The
restrictive covenant shall be recorded at the time of conveying the title of
the property from the County to the Developer, and prior to any mortgage
or other encumbrance.
ii. The Developer shall provide in any and all declarations of condominium,
sales contracts, leases and similar instruments encumbering, selling or
transferring any interests in the project,the following disclosure:
"NAPLES MUNICIPAL AIRPORT. THE NAPLES MUNICPAL
AIRPORT IS LOCATED LESS THAN ONE (1) MILE FROM THE
[CONDOMINIUM] [PROPERTY] [PREMISES], IN CLOSE
PROXIMITY THERETO. [PURCHASERS][OWNERS][TENANTS]
CAN EXPECT ALL OF THE USUAL AND COMMON NOISES
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AND DISTURBANCES CREATED BY, AND INCIDENT TO, THE
OPERATION OF AN AIRPORT."
iii. The Developer shall comply with all stipulations of each FAA
Determination of No Hazard to Air Navigation issued on January 20,
2017, or as may be extended, reissued or subsequently issued.
iv. Any crane used for construction and/or maintenance shall first receive a
FAA Determination of No Hazard to Air Navigation and the applicant
shall adhere to any stipulations contained within any such FAA
Determination of No Hazard.
7. MISCELLANEOUS
a. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a
county does not in any way create any rights on the part of the applicant to obtain
a permit from a state of federal agency and does not create any liability on the part
of the county for issuance of the permit if the applicant fails to obtain requisite
approvals or fulfill the obligations imposed by a state or federal agency or
undertake actions that result in a violation of the state or federal law.
b. All other applicable state or federal permits must be obtained before
commencement of the development.
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1. 1
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
May 11, 2018
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann Jennejohn
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2018-25, which was filed in this office on May 11, 2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us