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Ordinance 2023-21 ORDINANCE NO. 2023-21 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REZONING A PORTION OF JUSTIN'S VILLAGE TO INCREASE DENSITY, BY AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES 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 RESIDENTIAL MULTI-FAMILY-6 (RMF-6) ZONING DISTRICT WITH A GATEWAY TRIANGLE ZONING OVERLAY-RESIDENTIAL SUBDISTRICT (GTZO-R) TO A RESIDENTIAL MULTI- FAMILY-12 (RMF-12) ZONING DISTRICT WITH A GATEWAY TRIANGLE ZONING OVERLAY- RESIDENTIAL SUBDISTRICT (GTZO-R), TO ALLOW UP TO 28 TOTAL MULTI-FAMILY DWELLING UNITS WITH AN AFFORDABLE HOUSING AGREEMENT ON 2.33± ACRES OF PROPERTY LOCATED SOUTH OF LOTS 6 AND 18, BREEZE OF CALUSA SUBDIVISION, ON JUSTINS WAY, APPROXIMATELY 500 FEET SOUTH OF CALUSA AVENUE, IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. (PL20220003739) WHEREAS, Chris Hagan, P.E., of Hagan Engineering, LLC, on behalf of SMH Properties of Southwest Florida, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; and WHEREAS, SMH Properties of Southwest Florida, Inc. entered into an Affordable Housing Density Bonus Agreement with Collier County to achieve eligibility for the requested density under the Growth Management Plan, recorded at Official Records Book 62 O2, Page 3'433, as amended from time to time, in the Public Records of Collier County, Florida, incorporated herein by reference. [22-CPS-02275/1755885/1] Justin's Village Phase 2/PL20220003739 Page 1 of 2 Ci40 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 more particularly described in Exhibit B, located in Section 11, Township 50 South, Range 25 East, Collier County, Florida, is changed from a Residential Multi-Family-6 (RMF-6) Zoning District with a Gateway Triangle Zoning Overlay-Residential Subdistrict (GTZO-R) to a Residential Multi- Family-12 (RMF-12) Zoning District with a Gateway Triangle Zoning Overlay-Residential Subdistrict (GTZO-R) to allow up to 28 multi-family units on 2.33± acres, subject to the conditions shown in Exhibit D. Exhibits A, B, C, and D are attached hereto and incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, 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. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 25th day of April 2023. ATTEST: `'- BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZI✓L,;CLERK COLLIER CO/U'NNTY, FLORIDA '..7 25.: s.,, By: By: Attest as to:ChairmarWe ty 1 Rick LoCastro, Chairman s.x_ signature only , • A p ved as to fo nd egality: Attachments: Exhibit A: Conceptual Site Plan Derek D. Perry 22 Exhibit B: Legal Description Assistant County Attorney 5\� Exhibit C. Location Map \\ Exhibit D: Conditions of Approval This ordinance filed with the [22-CPS-02275/1755885/1] i.tetory of State's Office e Justin's Village Phase 2/PL20220003739 Page 2 of 2 - day of ,�0-th'7J ted acknowledgerrilent -ofthat 0 f1 1i1i received this day io Of MA. ,Depavi C k EXHIBIT A N A X o Lu 0Z L H ¢.¢7 o : o aP. 34 N A a U >� x F U O 4 O N a] 18 3ddJSONV1.13.3dMl.St I i n -I- a 1 w w la IS 13 cc z V O QCL a N v o to W •M a d `E M NJ w_ o �as� " g ¢ oow _ - oLLp0 TT: d H 2 e = > o E _ _ .a `LE p P. Z m d 5 w -nl _ Z , J t 1 J a I >_ d W n a P o 0 �.o rx o � m a ix iT oEO Z I a 2�°�l.2,,; z 43d3f18 3d SONV1 s.3dM,Sl Z 1 xiz , aii 6 O ha a3dene 3drJsoNn.a,3dAL st ?y� g ill- tll . „, W VI U i (Na] i Ili 0 31'13S 370111'NO.St L:( ti- 4C rf• 1N3113SY3 37YNrvNO.SI I t~ .1 © IIIill 3 .I1 O II z . 11 N .'I I 1 o 2I II 1 �-- — I YJ i — SUMO 3dSONYI.StXIJ I f I, ,.a Ifj i' r. O ; I� _n . Y31a34"3VJSONVI.7":\ I1 ((1*/fi 09) 13/\t/ vsfn1v3 ----\N r---\ /——--\ c y N T � 3 ` [22-CPS-02275/1755885/1] Justin's Village Phase 2/PL20220003739 Page 1 of 1 ' EXHIBIT B LEGAL DESCRIPTION All that part of Tract "A" lying South of an easterly extension of the South line of Lot 18 to the East right-of-way line of Justins Way, Tract "B" and all of Lots 7 through 12, 19 through 23, Breeze of Calusa, Plat Book 59, Pages 16 through 17 of the Public Records of Collier County, Florida. [22-CPS-02275/1755885/1] Justin's Village Phase 2/PL20220003739 Page 1 of 1 EXHIBIT C LOCATION MAP X 1 --j)-1.' !Davis BLVD f tt p PROJECT O LOCATION -1 EL --- to CZ i N 0 1 l• \ .''))Jc? / t Ci II >s , Ci/l/ to cu .,-. \ Location Map [22-CPS-02275/175 5 885/1] Justin's Village Phase 2/PL20220003739 Page 1 of 1 C, EXHIBIT D CONDITIONS OF APPROVAL 1. As documented in the Affordable Housing Density Bonus Agreement, as amended from time to time, SMH Properties of Southwest Florida, Inc. has agreed to construct 4 rental units for residents at or below the very low income category (50 percent or less of County median income). [22-CPS-02275/1755885/1] Justin's Village Phase 2/PL20220003739 Page 1 of 1 •4, 41140. ha FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State May 8, 2023 Jennifer Hansen, BMR& VAB Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite#401 Naples, FL 34112 Attention: Martha S. Vergara Dear Jennifer Hansen, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2023-21, which was filed in this office on May 8, 2023. If you have any questions or need further assistance, please contact me at(850) 245-6271 or Anya.Owens@DOS.MyFlorida.com. Sincerely, Anya C. Owens Director Administrative Code and Register ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270